/ 


Atlanta,  Ga.  ^  Chr^ 
"^•^ 'charter  r 
Ga. ,  adopts         , 


^ 


PRESENT  CHARTER 


OF  THE 


CITY   OF    ATLANTA 


Including  all  Amendments  up  to  1 909, 
and  the  Proposed  Amendments 
now  pending  in  the  Gen- 
eral Assembly. 


BUREAU  OF  GOVERNMENTAL  RESEARCH 

LIBRARY 

44  LIBRARY  BUILDING 

Published  under  resolution  of  the 
Mayor  and  General  Council 

JULY,   1909. 


Department  of  Political  Scd 
Universalis:  of  Calif ornj 


Lo.3  Angeles 


Acquired; 


JON 


1930 


BYRD   PRINTING   COMPANY     \CJ  ()  /")  cTf^Cf   •    tA'/^/C/.^ 


PRL5LNT  CHARTER 


OF  THE 


CITY   OF    ATLANTA 


Including  all  Amendments  up  to  1 909, 
and  the  Proposed  Amendments 
now  pending  in  the  Gen- 
eral Assembly. 


BUREAU  OF  GOVERNMENTAL  RESEARCH 

LIBRARY 

44  LIBRARY  BUILDING 

Published  under  resolution  of  the 
Mayor  and  General  Council 

JULY,   1909. 


ATLANTA.   QA. : 

BYRD   PRINTING   COMPANY 

1909 


Charter  of  1874  as  Amended. 


CHAPTER  1. 


SECTION  1.  CORPORATE  NAME— POWERS.— The  inhabitants  of  the 
territory  hereinafter  designated  are  hereby  continued  corporate  by  the  name 
and  style  of  THE  CITY  OF  ATLANTA,  a  body  politic  and  corporate,  with 
power  to  govern  themselves  by  such  ordinances,  resolutions  and  by-laws  for 
municipal  purposes  as  they  may  deem  proper,  not  in  conflict  with  this  Char- 
ter, nor  the  Constitution  and  laws  of  this  State,  nor  of  the  United  States. 
with  power  in  and  by  said  corporate  name,  to  contract  and  be  contracted 
with,  sue  and  be  sued,  plead  and  be  impleaded,  in  all  the  Courts  of  this 
State,  and  do  all  other  acts  relating  to  its  corporate  capacity;  and  shall  bo 
able,  in  law,  to  purchase,  hold,  receive,  enjoy,  possess  and  retain  for  the 
use  and  benefit  of  the  said  City  of  Atlanta,  in  perpetuity  or  for  any  term 
of  years,  any  estate  or  estates,  real  or  personal,  lands,  tenements,  heredita- 
ments of  whatever  kind  or  nature  soever,  within  the  limits  or  without 
the  limits  of  said  City,  for  corporate  purposes;  to  hold  all  property  and 
effects  now  belonging  to  said  City,  either  in  her  name  or  in  the  name  of 
others,  to  the  use  of  said  City,  for  the  purposes  and  intents,  for  which  the 
same  were  granted,  or  dedicated;  to  use,  manage  and  improve,  sell,  and 
convey,  rent  or  lease,  and  have  the  like  powers  over  property  hereafter 
acquired,  and  to  have  and  use  a  common  seal. 

LIMITS. 

SECTION  2.  CORPORATE  LIMITS— ONE  AND  THREE-FOURTHS 
MILES. — The  corporate  limits  of  said  City  shall  extend  one  mile  and  thre?- 
fourths  in  each  and  every  direction  from  a  stone  post  or  column  standing 
in  the  Eastern  corner  of  the  Union  Passenger  Depot  in  said  City — that  is 
to  say,  the  corporate  limits  shall  form  a  perfect  circle  around  said  stone 
post  or  column,  the  radius  of  which  shall  be  one  mile  and  three-fourths. 


SECTION  3.  INMAN  PARK  EXTENSION.— Also  beginning  at  the- 
intersection  of  the  present  City  limits  and  the  Georgia  railroad  track,  and 
running  thence  Northeasterly  along  said  track  of  said  Georgia  Eailroad  to 
the  dividing  line  between  Fulton  County  and  DeKalb  County;  thence  run- 
ning North  along  said  dividing  line  between  said  Counties  to  the  intersec- 
tion of  said  dividing  line  with  the  Northeasterly  line  of  Augusta  Avenue, 
projected  to  intersect  said  County  dividing  line;  thence  along  said  North- 
easterly line  of  said  Augusta  Avenue  in  a  Northwesterly  direction  to  the 
intersection  of  the  Northwesterly  line  of  Highland  Avenue,  and  said  North- 
easterly line  of  said  Augusta  Avenue  projected;  thence  Southwesterly 
along  said  Northwesterly  line  of  said  Highland  Avenue  to  its  intersection 
with  the  present  City  limits;  thence  along  the  line  of  the  present  City 
limits  of  the  City  of  Atlanta  to  the  point  of  beginning.  The  territory 
above  described  shall  be  and  constitute  a  part  of  the  Fourth  Ward  of  said 
City   of   Atlanta   immediately   after   the   passage   of   this   Act. 

SECTION  4.  FURTHER  EXTENSION. — In  addition  to  the  territory 
hereinbefore  mentioned,  the  said  limits  of  the  City  of  Atlanta  shall  be 
extended  along  the  tracks  of  the  Georgia  Railroad  to  the  line  dividing  the 
property  formerly  owned  by  Mrs.  R.  M.  Clarke,  and  now  owned  by  the 
East  Atlanta  Land  Company,  from  the  place  owned  by  Mrs.  Ed  Holland, 
and  thence  Northwardly  along  said  line,  along  the  property  of  the  East 
Atlanta  Land  Company,  and  thence  Westwardly  along  the  line  of  said 
Company  back  to  the  present  limits  of  the  City  of  Atlanta. 

SECTION  5.  PEACHTREE  STREET  EXTENSION.— Also  beginning 
at  the  present  City  limits  at  a  point  two  hundred  (200)  feet  West  of  West 
Peachtree  Street,  thence  running  Northwardly  parallel  with  West  Peachtree 
Street,  and  two  hundred  feet  West  of  said  Street  to  a  point  two  hundred 
(200)  feet  North  and  beyond  Fifteenth  Street,  thence  East  parallel  with 
Fifteenth  Street  and  two  hundred  feet  beyond  same  to  Piedmont  Avenue, 
thence  Northeastwardly  along  the  East  side  of  Piedmont  Avenue  to  the 
West  side  of  the  right-of-way  of  the  Southern  Railway,  and  thence  South- 
wardly along  the  West  side  of  said  right-of-way  to  its  intersection  with 
William's  Mill  Road,  and  thence  along  William's  Mill  Road  to  Prospect 
Street,  thence  along  Prospect  Street  to  the  present  City  limits,  thence. 
Westwardly  in  a  curve  along  said  City  limits  to  the  beginning  point. 


SECTION  6.  EIGHTH  WAED  EXTENSION— REPRESENTATION.— 
The  new  Eighth  Ward  created  under  the  provisions  of  this  Act  (1904)  shall 
be  entitled  to  two  Conncilmen  and  one  Alderman,  one  Councilman  to  be 
elected  for  one  year  and  one  for  two  years,  their  successors  for  two  years 
each,  and  the  same  shall  be  elected  at  the  next  municipal  election;  and  the 
citizens  of  said  newly  annexed  territory  shall  be  entitled  upon  compliance 
with  the  regulations  applying  to  the  other  citizens  of  Atlanta,  so  far  as 
they  may  be  applicable,  to  vote  in  said  election;  and  the  citizens  living  in 
the  new  Eighth  Ward,  as  created  by  this  Act,  shall  be  entitled  to  all  the 
rights  and  privileges  of  other  citizens  of  Atlanta,  and  such  citizens  shall 
be  given  the  same  right  and  representation  in  the  municipal  government 
of  said  City  as  is  now  secured,  and  guaranteed  to  various  wards  in  said 
City  of  Atlanta. 

SECTION  7.  GRANT  PARK  EXTENSION.— The  territory  in  Fulton 
County  outside  of  the  present  corporate  limits  of  the  City  of  Atlanta  con- 
tiguous to  L.  P.  Grant  Park,  and  for  one  mile  in  each  and  every  direction 
from  said  Park,  is  incorporated  under  the  jurisdiction  of  said  City. 


CHAPTER  II. 
ANNEXATION  OF  WEST  END. 
SECTION  7.  WEST  END — SEVENTH  WARD. — The  territory  known 
as  the  City  of  West  End  shall  be  annexed  to  and  shall  become  a  part  of 
the  City  of  Atlanta,  said  territory  being  described  as  follows:  Com- 
mencing where  the  original  land  line  between  land  lots  number  108  and 
No.  109  crosses  the  present  corporate  limits  of  the  City  of  Atlanta  on  the 
West,  and  running  from  thence  West  along  the  North  line  of  land  lots  108 
and  117  to  the  Northwest  corner  of  said  land  lot  117;  from  thence  running 
South  along  the  West  line  of  land  lots  117  and  118  to  the  Southwest  corner 
of  land  lot  118;  from  thence  East  along  the  South  line  of  land  lots  118  and 
107  to  the  Central  Railroad;  thence  in  a  straight  line  in  a  Northeasterly 
direction  to  a  point  where  Humphries  Street  crosses  the  present  corporate 
limits  of  the  City  of  Atlanta,  as  shown  by  Cooper's  map  of  Atlanta;  and 
from  thence  along  the  present  corporate  limits  of  the  City  of  Atlanta  to 
the  beginning  point. 

SECTION    8.     ORDINANCES    OF    ATLANTA    EXTENDED    TO— COL- 
LECTION OF  BALANCES  DUE  WEST  END.— In  all  cases,  except  where 


expressly  excepted  in  this  Act,  all  laws  and  ordinances,  whether  general 
or  special,  now  applicable  and  in  force  in  the  City  of  Atlanta  as  now  con- 
stituted, shall  be  applicable  and  of  force  in  the  territory  now  known  as 
West  End,  as  described  above.  Laws  for  the  collection  of  balances  due 
West  End,  as  well  as  for  preserving  order,  are  covered  by  this  section. 

SECTION  9.  SEPARATE  WARD— BOUNDARIES  UNCHANGED.— 
Said  territory,  now  known  as  West  End  and  described  above,  shall  by  itself 
be  a  separate  and  distinct  ward  of  the  City  of  Atlanta,  and  shall  be  known 
and  designated  .as  the  Seventh  Ward  of  the  City  of  Atlanta,  and  shall  in 
the  future  be  and  remain  a  separate  distinct  ward  with  the  boundaries 
unchanged,  except  as  the  same  may  be  enlarged  by  and  with  the  consent  of 
two-thirds  of  the  general  council  of  the  City  of  Atlanta. 

SECTION  10.  COUNCILMEN— ALDERMEN— HOW  MANY.— Said  ter- 
ritory, when  it  shall  become  the  seventh  Ward  of  the  City  of  Atlanta,  shall 
be  entitled  to  only  one  Councilman  for  the  next  five  years  from  the  date 
of  annexation,  unless  said  territory  shall  sooner  contain  five  thousand  or 
more  inhabitants,  then,  and  in  that  event,  said  Seventh  Ward  shall  be 
entitled  to  two  Councilmen  equally  with  the  other  wards  of  said  City. 
The  first  Councilman  for  said  Ward  shall  be  elected  in  the  same  manner 
and  under  the  same  rules  and  regulations  as  shall  be  the  aldermen  and 
Councilmen  for  the  other  wards  of  the  City  of  Atlanta  at  the  next  general 
City  election,  that  is,  at  the  general  City  election  to  take  place  in  the  City 
of  Atlanta.  The  present  territory  of  West  End  shall  participate  in  said 
general  election  just  as  if  it  were  then  a  part  of  the  territory  of  the  City 
of  Atlanta,  and  the  citizens  thereof  shall  vote  for  the  full  City  offices, 
including  their  own  Councilmen,  as  do  the  other  citizens  of  Atlanta,  the 
citizens  of  West  End  being  constituted  citizens  of  Atlanta  for  the  purposes 
of  said  election.  Said  Councilman  at  said  election  chosen  shall  serve  for 
the  term  of  two  years,  and  at  every  other  election  a  new  Councilman  for 
the  Seventh  Ward  shall  be  elected..  But  the  citizens  of  the  Seventh  Ward 
shall  participate  equally  with  the  other  citizens  of  Atlanta  in  every  City 
election,  whether  a  Councilman  shall  at  said  election  be  elected  for  the 
Seventh  Ward  or  not.  If  the  said  Seventh  Ward  does  not  before  said  time 
contain  five  thousand  or  more  inhabitants,  then,  at  the  general  City  elec- 
tion to  be  held  in  the  fall  of  the  year  1898,  there  shall  be  a  new  Council- 
man  chosen  by  the  City  as  all   other  Councilmen   are   chosen,  to   represent 

8 


the  Seventh  Ward  of  said  City  for  a  term  of  two  years,  and  a  new  Coun- 
cilman shall  thereafter  be  elected  for  said  ward  at  each  City  election  just 
as  Councilmen  are  elected  for  the  other  wards  of  said  City.  If  before  five 
years  from  January  1,  1894,  the  said  Seventh  Ward  shall  contain  five  thou- 
sand people,  then  at  the  next  City  election  thereafter  held,  a  new  Council- 
man shall  be  elected  to  represent  the  Seventh  Ward.  If  it  so  happens 
that  the  original  Councilman  provided  for  in  this  Act  is  also  to  be  elected 
at  said  last-mentioned  election,  then  the  term  of  office  of  the  new  Council- 
man at  said  election  to  be  elected  shall  be  for  only  one  year,  and  each 
year  thereafter  at  each  City  election  a  Councilman  shall  be  elected  to  repre- 
sent the  Seventh  Ward. 

SECTION  11.  REPEESENTATION— BOARDS.— If,  hereafter,  the 
wards  of  the  City  of  Atlanta  shall,  as  such,  become  entitled  to  representa- 
tion by  an  Alderman  each,  then,  and  in  that  event,  the  Seventh  Ward  shall 
have  the  same  right  with  the  other  wards  of  the  City  to  such  representa- 
tion. Said  Seventh  Ward  shall  also  have  the  same  representation  as  do  the 
other  wards  of  said  City  upon  the  Board  of  Education,  the  Board  of  Water 
Commissioners,  the  Board  of  Health,  and  upon  the  other  Boards  as  by  law 
now  or  hereafter  to  be  provided  in  the  case  of  other  wards;  and  to  that 
end,  said  Boards  shall  be  enlarged  by  adding  thereto  the  representative 
from  the  Seventh  Ward,  who  shall  hold  for  such  tenure  as  the  ordinances 
prescribe.  At  the  second  meeting  of  the  Council  in  January,  1894,  there 
shall  be  an  election  for  the  purpose  of  adding  to  said  Board  the  representa- 
tives allowed  for  the  Seventh  Ward.  Those  then  elected  shall  hold  their 
office  until  there  is  a  regular  election  under  the  charter  of  the  City  of 
Atlanta  to  elect  the  members  of  said  Boards,  and  at  said  regular  election, 
and  always  thereafter,  the  representatives  on  said  Boards  from  the  Seventh 
Ward  shall  be  elected  as  are  members  from  other  wards. 

SECTION  12.  RIGHTS  OF  WEST  END  PRESERVED— CONTRACTS 
OF  PRESERVED— LIENS  PRESERVED.— Except  as  the  laws  may  be 
changed  or  modified  by  the  laws  and  charter  of  the  City  of  Atlanta,  said 
City  shall  succeed  to  and  preserve  and  carry  out  all  the  rights  of  West  End, 
whether  they  exist  by  reason  of  contract  or  otherwise,  and  especially  will 
Atlanta  preserve  to  the  citizens  of  the  Seventh  Ward  all  the  rights  that 
the  citizens  of  the  City  of  West  End  now  have  as  to  street  railroad  fran- 
chises, grants,  or  conditional  grants.     And  in  enforcing  any  contract  or  lien 


received  from  the  City  of  West  End  under  this  contract,  the  City  of  Atlanta 
shall  have  and  exercise  all  the  rights  and  remedies  that  the  City  of  West 
End,  or  its  citizens,  had  or  may  have  had;  and  in  addition  the  said  City 
of  Atlanta  shall  have  all  the  rights  and  remedies,  which  West  End  now 
has  to  enforce  said  contracts  or  liens  so  received,  this  power  to  apply  to. 
executions  for  taxes  and  assessments  for  local  improvements  of  any  kind. 

SECTION  13.  BONDED  INDEBTEDNESS  OF  WEST  END  ASSUMED 
—ASSETS  OF  WEST  END  VESTED  IN  ATLANTA— ASSETS  NAMED.— 
Atlanta  shall,  and  by  the  Act  does,  assume  the  bonded  indebtedness  of 
West  End,  which  amounts  to  the  sum  of  $52,000.00,  and  on  January  1,  1894,, 
said  City  of  Atlanta  shall,  by  virtue  of  this  Act,  and  by  virtue  of  the  agree- 
ment made  by  and  between  the  City  of  Atlanta  and  the  City  of  West  End, 
and  without  any  further  writing  or  conveyance,  become  invested  with  the 
absolute  title  and  ownership,  control  and  rights  of  disposition,  of  all  the 
municipal  assets  and  property  of  West  End.  The  assets  of  West  End,  which 
by  this  .Act  shall  become  the  property  of  Atlanta,  are: 

Gordon  Street  lot,  75  x  100  feet. 

Impounding  lot,  west  of  school  lot. 

A  triangular  lot,  60  x   60  feet   Railroad  Avenue  and  Oak   Street. 

The  City  interest  in  the  school  building  and  lot  on  Lee  Street,  the  City's. 
interest  estimated  at  $22,000.00. 

Such  tax  fi  fas  and  claims  for  street  improvements,  sewer  and  sidewalks 
not  collected  by  the  City  of  West  End  on  January  1,  1894. 

Mules,  carts,  wagons,  harness  and  iron  safe. 

It  is  the  purpose  of  this  Act  to  invest  the  City  of  Atlanta  with  the  full 
title  of  the  property  above  described  at  the  date  aforesaid,  and  with  title 
to  all  other  assets  belonging  to  West  End,  January  14,  1894. 

Uncollected  executions  for  taxes  or  assessments,  whether  due  to  West 
End  or  transferees,  shall  be  enforced  by  levy  and  sale  by  the  Marshal  of 
Atlanta,  subject  to  redemption,  as  in  tax  sales.  The  City  of  Atlanta  also 
assumes  and  agrees  to  acquire  by  purchase  or  otherwise  all  the  right,  title 
and  interest  that  private  citizens  have  in  and  to  said  house  and  lot,  pro- 
vided the  same  does  not  cost  more  than  $6,000.00,  and  shall  keep  and  hold 
the  sole  and  complete  title  to  the  same  for  school  purposes. 

SECTION  14.  MANUFACTURE  AND  SALE  OF  LIQUORS  PRO- 
HIBITED.— The    manufacture    and    sale    of    alcoholic,    spirituous    and    malt 

10 


liquors  shall,  however,  be  prohibited  within  the  territory  now  known  a& 
West  End,  and  in  the  adjacent  territory  outside  of  Atlanta,  as  now  pro- 
vided by  the   charter  of  West   End. 

«• 

SECTION    15.      LIGHTS— HOW    MANY    MAINTAINED— CONTRACT 

FOR  PRESERVED. — Within  the  territory  now  known  as  |West  End,  the 
City  of  Atlanta  shall  maintain  twenty  arc  lights  until  the  termination  of 
the  present  contract  of  the  City  of  West  End  -with  the  Atlanta  Gas  Com- 
pany.  After  the  termination  of  said  contract,  five  additional  arc  lights, 
shall  be  maintained  by  the  City  of  Atlanta  in  said  territory.  The  City  of 
Atlanta  shall  assume  and  carry  out  with  the  Atlanta  Gas  Light  Company 
the  contract  the  City  of  West  End  has  with  the  said  Company,  said  con- 
tract providing  that  the  City  of  West  End  shall  pay  for  fifty  gas  lamps, 
$1,152.00   per  year. 

SECTION  16.  SANITARY  SERVICE.— The  City  of  Atlanta  shall  have 
performed  for  the  West  End  territory  the  same  amount  and  kind  of  sani- 
tary service  on  the  same  terms  as  to  sanitary  taxes  as  are  or  may  here- 
after be  enjoyed  by  the  balance  of  the  City  of  Atlanta. 

SECTION  17.— FIRE  ENGINE  HOUSE— MEN— ENGINES.— The  City 
of  Atlanta  shall  in  the  year  1894  build  a  brick  fire  engine  house  in  the 
present  territory  of  West  End,  and  equip  the  same  with  engine,  hose,  hose- 
reel,  horses  and  with  such  other  equipments  as  are  necessary,  at  an  esti- 
mated cost  of  $6,850.00.  Said  City  shall  man  said  fire  engine  house  and 
its  equipments  with  a  company  of  not  less  than  five  men,  and  said  Com- 
pany shall  serve  West  End,  and  so  much  of  Atlanta  as  practicable. 

SECTION  18.  SCHOOLS— TEACHERS,  HOW  MANY.— The  City  of 
Atlanta  shall  maintain  upon  the  present  school  lot  an  eight  grade  grammar 
school  equal  to  the  other  grammar  schools  in  the  City  of  Atlanta,  and  not 
less  than  eight  teachers.  Said  City  shall  also  carry  out  the  present  con- 
tract made  by  the  City  of  West  End  with  the  teachers  now  employed  hy 
the  City  of  West  End,  and  no  change  of  books,  curriculum,  or  contracts  of 
teachers  of  the  present  West  End  school  shall  be  made  until  after  the 
Spring  Term  of  1904.  The  present  teachers,  books,  and  curriculum  shall  be 
retained  by  the  Board  of  Education  of  the  City  of  Atlanta  until  the  end 
of  the  Spring  Term  of  1894,  said  teachers  being  always  subject  to  removal 
for  cause. 

11 


SECTION  19.  POLICE  PROTECTION.— The  present  territory  of  West 
End  shall  be  by  the  City  of  Atlanta  furnished  with  proper  police  protec- 
tion, which  shall  be  increased,  as  occasion  may  demand  as  is  provided  in 
the  other  parts  of  ihe  City  of  Atlanta. 

SECTION  20j  SEWERS— FOUR  TRUNK— LATERAL  SEWERS.— Said 
City  of  Atlanta  shall  herself,  out  of  the  public  treasury  and  without  private 
cost  to  the  citizens  of  the  proposed  Seventh  Ward,  build  to  the  present  cor- 
porate limits  of  the  City  of  West  End  four  trunk  sewers  in  the  territory 
of  West  End,  called  for  by  the  sewer  survey  of  said  territory  made  thereof 
by  the  engineer  under  the  direction  of  the  City  of  West  End,  and  shown 
by  plan  or  map  of  the  proposed  sewers  of  said  territory.  Said  trunk  sewers 
estimated  to  cost  the  sum  of  $32,000.00.  The  sum  of  $15,000.00  shall  be 
by  the  City  of  Atlanta  expended  in  building  said  sewers  in  the  year  1894, 
and  the  balance  as  soon  as  practicable.  All  other  lateral  and  other  main 
sewers  shall  be  constructed  on  the  same  basis  and  system  as  to  assessment 
and  otherwise  as  now  obtained  or  may  hereafter  be  provided  by  the  char- 
ter of  the  City,  of  Atlanta.    ■ 

SECTION  21.  WATER  MAINS  IN  CERTAIN  STREETS— FIRE,  SAN- 
ITARY AND  DOMESTIC  SERVICE.— The  City  of  Atlanta  shall  also,  as 
early  as  practicable  after  January  1,  1894  lay  water  mains  in  the  present 
territory  of  West  End  on  Lee  Street  from  West  End  Avenue  to  Beecher; 
on  West  End  Avenue  from  Lee  to  Ashby;  on  Park  Street  from  Peters  to 
Ashby;  on  Ashby  Street  from  West  End  Avenue  to  Baugh;  on  Oak  Street 
from  Peters  to  Ashby;  on  Peeples  from  Porter  Avenue  to  Baugh;  on  Gordon 
Street  from  Lee  to  Holderness;  on  Lawton  Street  from  Gordon  to  Baugh; 
on  Baugh  from  Ashby  to  Lee;  on  Irwin  Street  from  Ashby  to  Lee;  on 
Peters  Street  from  Park  to  Oak,  from  which  water  shall  be  supplied  for 
fire,  sanitary,  and  domestic  purposes  at  the  same  rate  as  is  charged  other 
parts  of  the  City  of  Atlanta. 

SECTION  22.  PENALTY  FOR  VIOLATION  OF  ACT  OF  ANNEXA- 
TION.— Upon  the  violation  of  any  of  the  provisions  of  this  Act,  or  upon 
the  failure  to  perform  any  part  thereof,  any  ten  citizens  of  the  territory 
of  West  End  may  enforce  compliance  therewith  on  the  part  of  the  City  of 
Atlanta  by  petition  for  injunction,  application  for  mandamus,  or  by  any 
other  appropriate  legal  remedy  in  the  Superior  Court  of  Fulton  County,  or 
in  any  other  Court  having  jurisdiction  thereof. 

12 


CHAPTER  III. 

EXTENSION   OF   CITY   LIMITS   BY   AMENDMENT   OF    1908— ANNEX- 
ING TERRITORY  ON  ALL  SIDES  OF  THE  CITY— COOK'S 
DISTRICT— NORTH    ATLANTA— EAST   ATLANTA— 
EDGEWOOD— AND    SOUTH    OF    PRESENT 
LIMITS— CONDITIONS. 

SECTION  23.  GENERAL  EXTENSION.— That  the  limits  of  the  City 
of  Atlanta  be  extended  beyond  the  limits  as  now  defined  so  as  to  take  in 
new  territory  included  between  the  present  limits  and  the  following  bound- 
ary line:  Commencing  at  a  point  on  the  Northern  line  of  land  lot  109  in 
the  17th  district  of  Fulton  County,  where  the  same  crosses  the  Peachtree 
Road  and  running  thence  East  along  the  North  line  of  said  land  lot  to  the 
Northeast  corner  of  said  lot;  thence  South  to  the  South  side  of  the  Belt 
Line  Railroad;  thence  East  to  the  East  side  of  the  right-of-way  of  the 
Southern  Railway;  thence  Southerly  along  the  East  side  of  the  right-of- 
way  of  the  said  railway  to  a  point  where  same  crossess  the  North  line  of 
land  lot  No.  17;  thence  due  East  along  the  North  lines  of  land  lots  Nos. 
17  and  16  in  the  14th  district  of  Fulton  County  to  the  County  line  between 
Fulton  and  DeKalb  Counties;  thence  North  along  said  County  line  to  where 
the  same  intersects  the  North  line  of  land  lot  241  of  the  15th  district  of 
DeKalb  County;  thence  East  along  the  North  lines  of  land  lots  Nos.  241 
and  242  of  the  15th  district  of  DeKalb  County,  to  the  East  line  of  land  lot 
242  of  said  district;  thence  Southerly  along  the  East  line  of  land  lots  242 
and  239  of  said  15th  district  to  the  corporate  limits  of  the  Town  of  Edge- 
wood;  thence  Easterly  along  said  corporate  limits  to  the  extreme  Eastern 
corner  of  said  Town;  thence  Southerly  along  the  corporate  limits  of  said 
Town  to  a  point  where  same  stop  South  of  the  railroad;  thence  Westwardly 
along  the  corporate  limits  of  said  Town  to  the  East  line  of  land  lot  210  of 
said  15th  district;  thence  South  along  the  East  line  of  said  land  lot  to  the 
South  line  of  the  corporate  limits  of  said  Town  of  Edgewood;  thence  West 
along  said  corporate  limits  to  the  east  line  of  land  lot  No.  208  of  said  15th 
district  of  DeKalb  County;  thence  South  along  the  East  line  of  land  lots 
Nos.  208,  177  and  176  of  said  district  to  the  South  line  of  said  land  lot 
176  of  said  district  in  DeKalb  County;  thence  AVest  along  the  South  line  of 
land  lot  No.  176  to  the  Southwest  corner  of  said  land  lot;  thence  North 
along  the  West  line  of  said  land  lot  to  a  point  200  feet  South  of  New  Flat 

13 


Shoals  Road  or  Magazine  Street;  thence  due  West  to  the  East  line  of  the 
right-of-way   of  the   Atlanta   &  West  Point  Belt   Line;   thence   in  a   South- 
westerly direction  along  the  Southeast  and  Southwest  boundary  of  the  right- 
of-way  of  said  Belt  Line  to  the  corporate  limits  of  Oakland  City;   thence 
Northerly   along   said   limits   to   the   extreme   Northeast   corner   of   Oakland 
City;  thence  along  said  limits  to  where  same  touch  the  East  line   of  land 
lot  No.  138;  thence  North  along  the  line  of  said  land  lot  and  East  line  of 
land   lot   139   to   the   Southwest    side   of   the    right-of-way   of   the   L.    &   N. 
Railway;  thence  along  the  West  side  of  said  right-of-way  to  Gordon  Street; 
thence  Northwesterly  along  Gordon  Street  or  Road  to  the  East  line  of  land 
lot  173;  thence  North  along  the  East  line  of  land  lots  Nos.  173  and  174  to 
the  Northern  limits  of  Battle  Hill;   thence  East  along  the  Northern  limits 
of  Battle  Hill  to  the  Easterly  line  or  Northeast  corner  of  Battle  Hill,  and 
thence  due  East  to  the  West  side  of  the  right-of-way  of  the  L.  &  N.  Rail- 
way;   thence   Northwest   along   the   West   side   of   the   right-of-way   of   said 
Railroad  to  its  intersection  with  the  East  line  of  land  lot  144;  thence  North 
along  the  East  line  of  land  lots  Nos,  144  and  190  of  said  district  to  Marietta 
St.;   thence  Southeasterly  along  Marietta  Street   to   Exposition   St.;   thence 
Easterly  along  Exposition  St.  to  the  East  side  of  Carrie  St.  as  shown  on  the 
plat  of  the  Jos.  E.  Brown  estate;  thence  running  in  a  Northeasterly  direction 
along  the  East  side  of  said  Street  and  across  Lee  Avenue  continuing  in   a 
straight  line  with  the  East  side  of  Carrie  Street  to  the  Howell  Mill  Road; 
and  thence  in  a  Northerly  direction  along  said  road  to  the  Southeast  bound- 
ary of  the  right-of-way  of  the  Belt  Line;   thence  Northeasterly  along  said 
right-of-way  to   a  point   200   feet   North  of   North   Street    (also   called   14th 
Street);   thence  Easterly  200  feet  North  of  North  Street   (also  called   14th 
Street)  to  a  point  600  feet  East  of  the  West  line  of  land  lot  No.  107  of  the 
17th  district  of  Fulton  County;  thence  due  North  to  the  North  line  of  land 
lot   No.  109   of  the  last  named  district;   thence  due   East  to   the  beginning 
point;  Provided,  That  so  much  of  the  territory  of  the  Town  of  Edgewood 
as  lies  South  and  Southeast  of  the  North  and  Northwest  boundary  of   ilio 
right-of-way  of  the  Georgia  Railway  and  Electric  Company,  known  as  the 
South   Decatur  line,   shall   not   be   included  within   the   City   of   Atlanta,   as 
extended  by  the  foregoing  provisions,  but  shall  be  and  is  hereby  excluded 
therefrom. 

14 


SECTION  24.  REPEALING  OLD  WARD  LINES— WEST  END— 6,  4 
-and  8th  WARDS. — That  the  provisions  of  the  present  Charter  of  the  City 
of  Atlanta  codified  as  Section  4  of  the  City  Code  of  Atlanta  of  1899  fixing 
the  limits  of  West  End  as  the  Seventh  Ward  of  Atlanta,  and  the  provis- 
ions of  said  Charter,  codified  as  Section  29  of  said  Code  fixing  the  limits 
■  of  the  Sixth  Ward,  and  the  further  provisions  of  an  amendment  to  said 
■of  Fourth  and  Fifth  Wards  be,  and  the  same  are,  hereby  repealed,  and  all 
■Charter,  under  the  Act  of  1904,  fixing  the  limits  of  the  Eighth  Ward  and 
■other  provisions  of  the  Charter  of  the  City  of  Atlanta  whereby  special 
districts  are  set  apart  as  separate  Wards  and  special  privileges,  repre- 
sentations and  local  benefits  are  prescribed  therefor  be,  and  the  same 
are,   hereby  repealed. 

SECTION  25.     EAST  ATLANTA  AND  EDGEWOOD  AND  COPENHILL 
SECTIONS   BECAME   PART   OF   CITY   JANUARY,   1909.— That   the   pro- 
visions  of  this   Act  providing  for  the   annexing  of  the  territory  as   above 
•described    shall    become    effective    on    and    after   January    1,    1910,    and    all 
of  said  territory   shall  thereafter   be   included   within   the   corporate   limits 
•of   the   City   of   Atlanta   and   all   of   the   residents   of   said   added   territory 
•shall   thereafter  become   citizens  of  the  City  of  Atlanta  provided   that  the 
provisions  of  this  Act  as  to  the  following  territory  is  hereby  made  effective 
-on   January   1,   1909,   and   the    following   territory    is   hereby   made    a   part 
-of   the    corporate   limits   of    the    City   of    Atlanta    and   the    residents    made 
•citizens   of   the   City   of   Atlanta   from   and   after   January    1,    1909:      Com- 
mencing  at   the   present   City   limits   on   the   right-of-way   of   the   Southern 
Railroad  where  said  right-of-way  crosses  the  South  line  of  land  lot  No.  53 
and  running  thence  Easterly  along  the  South  line  of  land  lots  No.  53  and 
land   lot   one    (1)    of   the   14th   district   of   Fulton   County,   Georgia,   to   the 
DieKalb    County   line;    thence    Northerly    to    the    line    of   land   lot    No.    241 
of  the  15th  district  of  DeKalb  County,  Georgia,  and  thence  Easterly  along 
the   North   line   of  land  lots  Nos.   241  and   242   to   the   Northeast   corner  of 
land    lot    No.    242;    thence    Southerly    along    the    East    line    of    land    lots 
Nos.  242  and  239  to  the  present  corporate  limits  of  the  Town  of  Edgewood; 
chence    along    said   limits    to    the    Southeast    corner   of    said    Town;    thence 
Westerly   along   said   limits   to   the   East   line   of   land   lot   No.   208;    thence 
Southerly  along  the   East  line  of  said  land  lots  Nos.   208,   177   and   176  of 
-the    15th   district    of   DeKalb   County,   Georgia,   to   the   South   line    of   said 

15 


land  lot  No.  176;  thence  "Westerly  along  the  South  line  of  said  land  lot 
No.  176  to  a  point  midway  between  the  Southeast  and  Southwest  corners, 
of  said  land  lot;  thence  North  to  a  point  200  feet  South  from  the  Flat 
Shoals  Eoad;  thence  continuing  in  a  Northwest  direction  200  feet  West 
from  Flat  Shoals  Road  to  a  point  200  feet  Southeast  of  the  Magazine 
or  New  Flat  Shoals  Road;  thence  Westerly  200  feet  South  of  said  Magazine 
Road  to  the  West  line  of  said  land  lot;  thence  due  West  to  the  present 
limits  of  the  City  of  Atlanta;  thence  in  a  Northerly  direction  along  the 
present  limits   of  the   City  of   Atlanta   to   the  point  of  beginning. 

SECTION  26.  EDGEWOOD— SPECIAL  CONDITIONS.— That  the  City 
of  Atlanta,  in  taking  over  the  property  and  territory  of  the  Town  of 
Edgewood,  as  herein  provided,  shall  agree  to  the  following  terms  and. 
same  are  hereby  made  conditions  of  said  annexation : 

1st.  Nothing  less  than  the  present  Town  limits  of  the  Town  of  Edgewood 
are  hereby  made  a  Ward  of  the  City  of  Atlanta,  but  said  Ward  shall 
have  added  to  same  as  much  territory  as  the  Mayor  and  General  Council 
shall  provide  in  passing  ordinances  re-adjusting  the  City  of  Atlanta 
and   making   effective  the   terms   of  this   Act. 

2nd.  The  City  of  Atlanta  shall  assume  all  bonded  and  other  debts  of  the 
Town  of  Edgewood  and  same  are  hereby  made  a  part  of  the  bonds  and 
debts  of  the  City  of  Atlanta  when  the  provisions  of  this  Act  become 
effective.  All  the  property,  real,  personal,  choses  in  action  and  money 
belonging  to  the  Town  of  Edgewood  shall  become  the  property  of  the 
City  of  Atlanta  to  be  delivered  in  the  possession  and  control  of  its 
officers  on  the  date  the  terms  of  this  Act  become  effective. 

3rd.  The  City  of  Atlanta  shall  maintain  an  electric  light  system  in  the 
Town  of  Edgewood,  as  good  as  at  present  provided  for,  and  shall 
assume  all  existing  contracts  of  the  Town  of  Edgewood  for  such  pur- 
poses; provided,  however,  that  the  City  of  Atlanta  shall  not  assume 
nor  be  required  to  do  anything  or  carry  out  any  contract,  under  the- 
terms  of  this  Act,  that  would  be  in  any  way  unfair  or  affect  its  rights 
to  collect  from  the  Georgia  Railway  and  Electric  Company  the  per- 
centage tax  now  paid  the  City  by  said  Company  on  gross  receipts  of 
sale  of  electric  current  for  light,  power  and  other  purposes,  under- 
existing  ordinances  and  contracts. 

]6 


4th.  The  City  of  Atlanta  shall  maintain  the  two  schools  now  maintaiued 
by  the  Town  of  Edgewood,  but  the  Board  of  Education  shall  have  full 
control  over  said  schools,  and  are  hereby  empowered  to  increase  the 
attendance  thereof  from  other  sections  of  the  City,  provided,  that  the 
present  teachers  and  those  elected  for  the  ensuing  year  are  to  be 
retained  in  said  schools  during  the  term  for  which  tKey  have  been 
elected,  and  also,  that  the  present  salaried  officer  of  the  Town  of 
Edgewood  shall  be  retained  by  the  City  of  Atlanta  for  the  remainder 
of  the  term  for  which  he  has  been  elected. 

5th.  The  sale  of  intoxicating  liquors  is  prohibited  within  the  territory 
now  covered  by  the  limits  of  the  Town  of  Edgewood  and  the  sale  of 
intoxicating  liquors  shall  not  hereafter  be  licensed  by  the  City  of 
Atlanta   therein. 

6th.  The  main  streets  of  the  Town  of  Edgewood  shall  be  paved  with 
chert  or  other  pavement,  as  may  be  deepied  best  by  the  authorities  of 
the  City  of  Atlanta,  and  City  water  and  sewerage  be  provided  for  said 
streets   as   soon   as   conditions   will   justify. 

7th.  That  the  present  contracts  held  by  the  Town  of  Edgewood  with  the 
Street  Railway  Company,  its  successors  and  assigns,  as  now  maintained 
as  to  service  and  fares,  the  same  being  the  conditions  upon  which  the 
franchise  of  said  Eailway  CJompany  maintain  and  operate  its  lines 
within  the  limits  of  the  Town  of  Edgewood  shall  be  and  the  same  are 
hereby  preserved  and  continued  of  force,  and  it  shall  be  the  dutj'  of 
the  City  of  Atlanta  to  see  that  the  terms  thereof  are  complied  with  by 
said  Railway  Company,  and  it  shall  be  the  duty  of  the  Railway  Company 
to  continue  its  service  and  fares  to  the  people  within  the  limits  of  the 
Town  of  Edgewood  as  heretofore  fixed  by  the  franchise  granted  said 
Eailway   Company  by   the   Town   of   Edgewood. 

8th.     The  income  of  the  Town  of  Edgewood  for  the  year  1908,  as  collected 

up   to   the  1st   of  January,   1909,   may   be  expenddd  by   the  present  City 

■    Council   of   Edgewood  for   the   support   of   its   electric   plant,   its  schools 

and  upon  its  streets  and  in  the  administrative  department  of  said  Town. 

SECTION  27.  EAST  ATLANTA— CONDITIONS.— That  the  section 
known  as  East  Atlanta,  which  is  included  in  the  limits  as  aWove  provided, 
shall  have  proper  representation  in  the  General  Council  from  the  Ward  to 

.17 


which  it  is  attached  as  are  other  sections  of  the  City;  that  the  City  shall 
pay  the  obligations  now  resting  on  the  Board  of  Trustees  by  the  employment 
of  teachers  in  the  schools  now  serving  said  section;  that  said  section  shall 
also  have  such  police  protection  as  other  sections  of  the  City  of  Atlanta 
now  have,  looking  towards  the  safeguarding  of  the  homes  of  the  citizens 
of  said  section  as  other  parts  of  the  City  of  Atlanta  similarly  situated,  so 
as  to  give  water  and  fire  protection  as  soon  as  same  can  be  done  by  the 
authorities  of  the  City  of  Atlanta;  that  adequate  school  facilities  shall  be 
furnished  to  said  section;  that  sewer  and  street  mains  shall  be  put  down 
in  this  section  as  soon  as  conditions  will  justify  it;  that  the  High  Schools 
of  Atlanta  shall  be  open  to  the  residents  of  this  section  as  soon  as  said 
territory  becomes  a  part  of  the  City  of  Atlanta. 

SECTION  28.  PART  OF  LAND  LOT  176— POLICE  PURPOSES.— That 
the  portion  of  the  Western  half  of  land  lot  No.  176  in  the  15th  district  of 
DeKalb  County,  which  portion  lies  200  feet  West  of  Flat  Shoals  Road 
and  200  feet  South  of  Magazine  Road,  except  that  portion  of  said  lot  as 
may  be  included  in  any  of  the  terms  of  the  foregoing  Sections  be,  and  the 
same  are,  hereby  incorporated  within  the  limits  of  the  C-ity  of  Atlanta  for 
police  purposes  and  shall  be  subject  to  all  the  ordinances  of  the  City  of 
Atlanta  looking  towards  the  enforcement  of  peace,  good  order  and  health. 

SECTIOTSr  29.  EDGEWOOD— TO  BE  PART  OF  WARD  IN  1909.— That 
the  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  provide  that 
the  territory  of  the  Town  of  Edgewood  within  the  County  of  DeKalb, 
which  this  Act  provides  shall  become  a  part  of  the  City  of  Atlanta  on 
January  1,  1909,  on  or  before  said  date,  whereby  said  territory  shall 
bec6me  one  of  the  Wards  of  the  City  together  with  such  added  territory 
as  said  Mayor  and  General  Council  may  ordain  shall  become  a  part  thereof. 
But  this  provision  shall  be  subject  to  the  terms  of  the  Section  following 
this  whereby  it  is  made  the  duty  of  the  Mayor  and  General  Council  to  re- 
district  the  entire  limits  of  the  City  of  Atlanta  during  the  year  1908  so 
as  to  adjust  same   to   new  limits  herein   provided  for. 

SECTION  30.  REDISTRICT  CITY  IN  1909.— That  the  Mayor  and 
General  Council  of  the  City  of  Atlanta  shall,  during  the  year  1909,  re- 
district  the  territory  covered  by  the  old  as  well  as  the  new  limits  of  the 
City,  being  the  territory  within  the  limits  as  prescribed  by  this  Act,  and 
divide  same  into  Wards,  not  exceeding  ten,  having  reference  to  population 

18 


and  territory,  iu  order  that  all  sections  of  the  City  may  be  fairly  repre- 
sented in  the  General  Council  and  each  of  the  Wards  as  so  arranged,  shall 
be  entitled  to  one  Alderman  and  two  Couneilmen,  and  likewise,  shall  be 
entitled  to  representations  on  the  Boards  and  Commissions  of  the  City,  as 
the  present  and  future  ordinances  may  provide.  Said  Mayor  and  General 
Council  are  hereby  authorized  to  provide,  by  ordinance,  for  all  changes 
necessary  to  re-adjust  the  City  to  the  new  limits  for  all  the  purposes  of 
police,  fire,  sanitation,  schools,  and  any  and  all  other  public  purposes  served  or 
to  be  served  by  the  City  of  Atlanta. 

SECTION  31.  The  power  and  authority  of  the  City  of  Atlanta  under 
its  present  Charter  and  ordinances  and  all  laws  appertaining  to  the  City  of 
Atlanta  as  a  municipality  are  hereby  extended  over  and  made  effective  in  every 
part  of  the  territory  covered  and  included  within  the  limits  as  prescribed  by 
the  terms  of  this  Act.  The  power  and  authority  of  the  officers  of  the  City  are 
made  co-extensive  with  the  Limits  as  extended  by  this  Act  and  all  other 
rights  and  powers  necessary  to  carry  out  and  enforce  the  laws  and  ordinances 
governing  the  said  City  of  Atlanta.  The  power  of  taxing  property  and  of 
'Gxing  and  regulating  licenses  for  business;  to  assess,  issue  executions  for,  and 
in  cases  of  default  sell  the  property  upon  which  taxes  are  due,  as  now  pre- 
scribed by  Charter  and  ordinances  of  the  City  of  Atlanta,  are  extended  to  all 
the  Limits  included  under  the  terms  of  this  Act.  The  power  of  the  Board  of 
Health,  Police  Department,  City  Tax  Assessors  and  Receivers,  Tax  Collector, 
Marshal,  Clerk  of  Council,  Recorder,  Building  Inspector,  and  all  the  other 
officers  of  the  City  of  Atlanta,  are  extended  to  the  new  limits  as  fully  and 
completely  as  they  now  exist  within  the  former  limits  under  the  present  Charter, 
laws  and  ordinances  governing  the  City  of  Atlanta.  Said  new  territory  is  like- 
wise made  subject  to  all  the  bonds  heretofore  issued  by  the  City  of  Atlanta 
and  are  bound  for  the  payment  of  said  bonds  equally  with  the  former  territory 
of  the  City  of  Atlanta. 

SECTION  32.  That  the  territorial  jurisdiction  of  the  Justice  Courts  in  so 
much  of  said  City  as  is  contained  in  the  area  annexed  by  this  Act  shall  not 
extend  to  the  entire  limits  of  said  City  but  the  jurisdiction  of  the  Justice 
Courts  in  the  territory  so  annexed  shall  be  and  remain  and  are  hereby  limited 
to  their  respective  districts. 


19 


'  CHAPTER  IV. 

TERRITORY   EMBRACED   BY   CITY   FOR   POLICE   PURPOSES. 

SECTION  33.  OLD  FAIR  GROUNDS— LAND  LOTS  112  AND  150.— 
All  that  i)ortioii  of  lot  one  hundred  and  twelve  (112)  in  the  Fourteenth 
District  of  Fulton  County,  purchased  by  the  Mayor  and  Council  of  said 
City  from  Chapman  Powell;  and  all  that  portion  of  lot  one  hundred  and 
fifty  (150)  of  the  Seventeenth  District  of  Fulton  County  purchased  by  said 
Mayor  and  Council  from  E.  R.  Sasseen  and  Dorinda  A.  Sasseen,  and  three 
hundred  yards  in  each  and  every  direction  around  said  purchases;  and  all 
that  territory  between  the  Western  and  Atlantic  Railroad  and  the  country 
road  leading  from  Atlanta  to  Marietta,  and  a  line  three  hundred  yards 
West  of  said  railroad,  and  running  concentric  to  the  said  road;  and  all 
that  land  lying  between  said  country  road  and  a  line  running  three 
hundred  yards  East  of  said  road,  and  concentric  to  the  same,  from  the 
present  corporation  line  of  the  City  of  Atlanta  to  the  old  Fair  Grounds. 

SECTION  34.  PONCE  DE  LEON. — Also  commencing  on  the  Eastern 
side  of  the  present  City  limits,  where  the  Atlanta  and  Richmond  Airline 
Railway  leaves  it,  and  running  along  said  railway  to  a  point  four  hundred 
feet  beyond  the  Ponce  De  Leon  Springs,  thence  in  a  straight  line  to  where 
the  present  City  limits  crosses  the  Peachtree  Road,  and  embracing  all  the 
territory  between  the  Peachtree  Road,  this  said  line,  and  the  said  railway. 

SECTION  35.  GRANT  PARK.— The  corporate  limits  of  the  City  of 
Atlanta  are  hereby  extended  so  as  to  embrace  for  police  purposes  that 
tract  or  parcel  of  land  known  and  designated  as  L.  P.  Grant  Park,  being 
one  hundred  acres  of  land  lot  number  43  in  the  Fourteenth  District  of 
Fulton  County,  and  fifty  acres  of  land  in  land  lot  number  114  in  the  14th 
district  of  Fulton  County,  owned  by  said  City  of  Atlanta,  and  used  for  sani- 
tary purposes,  and  the  Mayor  and  General  Council  of  said  City  are  hereby 
empowered  to  pass  such  ordinances  for  the  preservation  of  peace  and 
good  order,  and  for  the  protection  of  such  property  within  said  limits  as 
may  seem   to   them   proper. 

SECTION  36.  REGULATION  OF  SALE  OF  SPIRITS  AND  MER- 
CHANDISE IN  GRANT  PARK  AND  TWO  HUNDRED  YARDS  WITHOUT. 
— The  Mayor  and  General  Council  of  Atlanta  are  hereby  empowered  to 
regulate   and    control   under   such   ordinances    as   they   may   adopt   the   sale 

20 


of  ardent  spirits  aud  all  kinds  of  merchandise  and  refreshments  within 
the  limits  of  said  L.  P.  Grant  Park,  and  for  two  hundred  yards  in  either 
direction   from   said  limits. 

SECTION  37.  PIEDMONT  PARK— GENTLEMEN 'S  DRIVING  CLUB. 
— The  corporate  limits  are  hereby  extended  so  as  to  embrace  for  police 
purposes  that  tract  or  parcel  of  land  known  and  designated  as  Piedmont 
Park,  being  one  hundred  and  eighty-three  acres  of  land  lots  54  and  55,  in 
the  Seventeenth  District  of  Fulton  County,  owned  by  the  Gentlemen 's 
Driving  Club  and  used  for  park  purposes,  and  the  Mayor  and  General 
Council  of  said  City  are  empowered  to  pass  such  ordinances  for  the 
preservation  of  peace  and  good  order  and  for  the  protection  of  property 
within   said  limits  as  may  seem   to  them  proper. 

SECTION  38.  OLD  WATER  WORKS.— The  tract  of  land  belonging 
to  the  City  of  Atlanta,  known  as  the  "old  waterworks  property,"  to-wit: 
368  15-100  acres  in  land  lots  72,  57,  90,  71,  and  58,  in  the  Fourteenth 
District  of  Fulton  County,  is  hereby  incorporated  for  police  purposes,  and 
the  Mayor  and  General  Council  of  the  City  of  Atlanta  are  hereby 
authorized  to  provide  by  ordinance  for  the  njaintenance  of  good  order,  the 
preservation  of  all  property  on  said  tract  of  land  belonging  to  the  City 
of  Atlanta,  or  to  anyone,  who  may  have  leased,  or  shall  hereafter  lease 
said  lands,  or  any  part  of  them,  from  said  City  of  Atlanta,  just  as  if  said 
lands  were  within   the  territorial   limits  of  said  City  of  Atlanta. 

SECTION  39.  LAND  CONTIGUOUS  TO  OLD  WATERWORKS.— The 
corporate  limits  of  the  City  of  Atlanta  are  hereby  extended  so  as  to 
embrace  the  following  land  lots  in  the  530th  District,  Georgia  Militia, 
known  as  Black  Hall  District,  to-wit:  Land  lots  numbers  71,  72,  73,  74, 
86,  87,  88,  89,  90,  103,  104,  105,  106,  107,  120,  121,  122,  and  in  Fulton 
County,  Georgia;  and  said  Mayor  and  General  Council  are  hereby  full}' 
authorized  and  empowered  to  pass  such  ordinances  in  relation  to,  and  over, 
the  territory  embraced  in  such  extension  as  may  be  proper  and  necessary 
for  the  full,  ample,  and  complete  protection  of  said  waterworks  and  all 
its  appurtenances,  as  above  mentioned,  and  they  shall  have  full  power  and 
authority  to  enforce,  by  penalties,  a  compliance  with,  and  observance  of, 
such  ordinances,  and  said  body,  or  the  Board  of  Health  of  said  City,  may 
cause  to  be  abated  and  removed  anything  which  may  cause  impurity  or 
unhealthfulness  of  the   water  from   said  waterworks. 

21 


SECTION  40.  WEST  PEACHTREE  STREET— PIEDMONT  PARK. — 
For  police  purposes  and  for  the  purpose  of  regulating  the  retail  traffic  in 
spirituous  or  malt  liquors,  the  corporate  limits  of  the  City  of  Atlanta 
are  hereby  extended  so  as  to  include  the  territory  within  the  limits  here- 
inafter defined,  to-wit:  Beginning  at  the  point  where  the  regular  corporate 
limits  on  the  North  side  of  the  City  intersect  with  the  West  side  of  West. 
Peachtree  Street,  and  extending  thence  Northwardly  along  the  West  side 
of  West  Peachtree  Street  or  Road  to  the  point  where  the  land  lot  line 
between  land  lots  105  and  106  crosses  West  Peachtree  Road,  thence  East- 
wardly  along  the  land  lot  line  between  land  lots  105  and  106  to  the  line  of 
property  known  as  Piedmont  Park,  and  thence  following  the  outer  limit 
of  the  line  of  Piedmont  Park  property  to  the  main  track  of  the  Southern 
Railway  Company,  formerly  the  Atlanta  &  Charlotte  Airline  Railway  Com- 
pany, and  thence  along  the  center  of  said  main  track  in  a  Southerly 
direction  to  where  said  main  track  intersects  the  corporate  limits  of  said 
City,  on  the  Eastern  boundary  of  said  limits.  The  plat  of  the  property 
hereby  incorporated  for  police  purposes  is  attached  to  this  Act,  and  made 
a  part  thereof;  Provided,  however,  that  the  property  included  within  these 
limits  shall  not  be  subject  to  taxation;  and  provided  further  that  the 
exercise  of  authority  to  enforce  police  regulation  wuthin  said  limits  shall 
be  discretionary  with  the  Mayor  and  General  Council  of  said  City. 

SECTION  41.  COLLINS  PARK  AND  BELT  RAILROAD  COMPANY 
— RIVER  LINE. — The  corporate  limits  of  the  City  of  Atlanta  are  hereby 
extended  so  as  to  include  therein  for  police  purposes  the  tracks  of  the 
Collins  Park  &  Belt  Railroad  Company,  and  the  space  of  fifty  feet  on 
each  side  of  said  tracks  all  the  way  from  the  Western  limits  of  the  City 
of  Atlanta  to  the  terminus  of  the  tracks  of  said  Company  on  the  Chatta- 
hoochee  River,  including  also   the   pleasure   resort  at   the   said  terminus. 

SECTION  42.  NEW  WATERWORKS.— The  Mayor  and  General  Council 
of  said  City  shall  have  full  power  and  authority  to  establish  reasonable 
police  and  sanitary  regulations  over  the  new  waterworks  of  said  City, 
located  at  the  Chattahoochee  River,  near  the  mouth  of  Peachtree  Creek,, 
in  Pulton  County,  and  along  the  pipe-line  of  said  waterworks  system, 
between  said  River  and  City  of  Atlanta,  including  said  pipe  line,  the 
reservoirs  of  said  new  waterworks  system,  the  water  shed,  and  all  landa 
occupied   for  the   purposes   of  water  supply,   and   to   punish   a   violation   of 

22 


such  regulations  by  fine  or  imprisonment,  as  in  case  of  violations  of  other 
ordinances   of   said   City   of   Atlanta. 

SECTION  43.  LAND  LOT  151— EAST  HALF  OF.— The  City  of  Atlanta 
shall  have  jurisdiction  for  police  purposes  of  the  East  one-half  of  land 
lot  151  in  the  Seventeenth  District  of  Fulton  County,  Georgia,  and  said 
City  shall  have  the  power  to  try  and  upon  conviction  in  the  Recorder's 
Court  of  said  City  to  punish  all  persons  guilty  of  violating  the  ordinances 
of  said  City  within  the  boundaries  of  said  lot  of  land  so  incorporated  for 
police  purposes. 

SECTION  44.  DUMPING  GROUNDS— LAND  BETWEEN  AND  CITY 
LIMITS — BELLWOOD  AVENUE. — The  corporate  limits  of  the  City  of 
Atlanta  shall  be  extended  so  as  to  include  ninety-two  (92)  acres,"  more 
or  less,  of  land  belonging  to  the  City  of  Atlanta  in  land  lots  one  hundred 
and  thirteen  (113),  one  hundred  and  fourteen  (114),  one  hundred  and 
fifteen  (115),  and  one  hundred  and  forty-three  (143)  in  the  Fourteenth 
District  of  originally  Henry,  now  Fulton  County,  Georgia,  said  lands  being 
those  now  known  as  the  Sanitary  Dumping  Grounds  of  the  City  of  Atlanta, 
and  also  the  lands  lying  between  said  Dumping  Grounds  and  the  corporate 
limits  of  the  City  of  Atlanta,  and  the  roads  or  streets  leading  from  the 
City  of  Atlanta  to  said  Dumping  Grounds,  and  especially  the  roads  know;?' 
as  Bellwood  Avenue,  the  extension  of  Simpson  Street,  the  extension  .^f 
West  Hunter  Street,  the  extension  of  Ashby  Street  and  Mas6ii 'is  .and' 
Turner 's  Ferry  Road,  and  also  any  other  roads  now  existing,  or  wliicfa 
may  be  opened,  leading  from  the  City  of  Atlanta  to  said  Dumping  Grounds, 
so  as  to  give  the  Mayor  and  General  Council  jurisdiction  over  said  grounds 
and  intervening  lands  and  roads  for  police  and  sanitary  pur])oses;  and 
to  authorize  said  Mayor  and  General  Council  to  make  and  enforce  all 
ordinances  necessary  for  the  preservation  of  the  peace  and  order  and  for 
the  protection  of  the  property  and  employees  of  the  City  of  Atlanta  from 
molestation,  disturbance  or  injury  in  the  prosecution  of  the  Sanitary  work 
of  said  City  in  or  about  said  roads  and  grounds,  and  to  provide  by  ordinance 
for  the  punishment  of  persons  violating  any  of  said  ordinances  by  fine  or 
imprisonment,  upon  conviction  thereof  in  the  Recorder's  Court  of  the 
City  of  Atlanta,  such  fines  not  to  exceed  five  hundred  dollars  ($500.00), 
and   imprisonment   not   to   exceed   thirty  days   in   any   such   case. 

23 


SEGTIpJf ;  45,     HEMPHILL   Ay.S.NUE— CHATTAHOOCHEE   AVENUE 

HEMPHILL  STATION. — The  jurisdiction  of  said  City  and  the  territorial 

limits  thereof  are  hereby  extended  for  police  and  sanitary  purposes  over 
the-  lands  now  or  hereafter  purchased  and  belonging  to  the  City  of  Atlanta, 
known  as  the  New  Waterworks  site  and  grounds,  including  all  lands  now 
or  hereafter  to  be  owned  by  the  City,  in  which  tract  is  the  pumping  station 
at  the  Chattahoochee  Eiver,  and  all  the  lands  belonging  to  said  City  at 
and  around  what  is  known  as  the  inner  reservoir  filter  or  pumping  plant, 
including  also  a  strip  of  ground  along  Hemphill  Avenue  and  Chattahoochee 
Avenue,  and  three  hundred  (300)  yards  on  each  side  of  said  roads  for  a 
distance,  of  three  hundred  yards  all  around  and  on  all  sides  of  said  inner 
reservoir  and  pumping  station,  from  the  present  limits  of  the  City  of 
Atlanta  to. the  Chattahoochee  River  at  the  pumping  station,  and  giving  the 
Mayor  and  General  Council  of  the  City  of  Atlanta  autho>rity  to  provide 
lay  ordinance  for  the  protection  of  the  property  of  said  new  waterworks 
^system,  and  keeping  the  road  aforesaid  free  from  obstructions,  and  the 
preservation  of  the  purity  of  the  water  in  the  reservoir,  pipes,  etc.,  belonging 
to  said  new  waterworks,  and  to  have  violators  of  such  ordinances  punished 
on  conviction  thereof  in  the  Recorder 's  Court  of  the  City  of  Atlanta,  by 
fine  not  exceeding  $200.00  and  imprisonment  not  exceeding  thirty  days, 
either  or  both  in  the  discretion  of  the  Recorder,  or  other  officer  presiding 
at  the  trial  of  the  case  in  said  Court. 

SECTION  46.  LITTLE  SWITZERLAND  INCLUDED  IN  CORPORATE 
LIMITS. — T^ie .  following  tract  of  land  known  as  "Little  Switzerland," 
lying  South,east,  of  the  present  limits  of  the  Cit}'  of  Atlanta,  is  hereby 
incorpo.ij'ated.  within,  the.  limits  of  said  City  for  all  police  and  sanitary 
purpose^;  and  all .  the  present  and  any  future  ordinances  of  said  City  shall 
be  of  force  and  effect  over  said  territory,  and  violations  thereof  punished 
by  th.^..  Recorder 's  Court;  said  territory  is  described  as  follows:  All  that 
tract  of  land  in  land  lot  twenty-two  (22)  and  forty-three  (43)  of  the 
Fourteenth  District  of  originally  Henry,  now  Fulton  County,  Georgia,  more 
parti«?ularly.  described  as  beginning  at  a  point  at  the  North  side  of  Con- 
federate Avenue,  wliere  the  present  City  limits  intersects  with  said  Avenue, 
and  running  thenxe  in  a  Southeastwardly  direction  along  the  North  side 
of ,  said  Avenue  to  a  twenty-foot  alley,  thence  along  the  North  side  of  said 
alley    to    a    twenty-five-foot    street,    the^nce .  along    the    West    side    of    sa\d 


street  600  feet,  thence  West  at  right  angles  with  said  street  in  a  direct 
line  to  the  City  limits,  thence  Southwestwardly  along  the  present  City 
limits  to  the  beginning  point,  including  what  is  known  as  "Little  Switzer- 
land." 


CHAPTER  V. 
.  MAYOR— MAYOR  PRO  TEM. 

SECTION  47.  ELECTION— VACANCIES— MAYOR  PRO  TEM.— There 
shall  be  elected  biennially  a  Mayor,  who  shall  hold  his  office  for  two  years. 
The  Mayor  in  all  cases  shall  hold  his  office  until  his  successor  is  elected 
and  qualified,  and  in  the  event  that  the  office  of  Mayor  shall  become 
vacant  by  death,  resignation,  removal,  or  otherwise,  the  Mayor  pro  tern, 
or  in  case  his  seat  is  vacant,  a  majority  of  the  General  Council  shall  order 
a  new  election  by  giving  at  least  ten  days'  notice  in  any  one  or  more  of 
the  City  papers,  or  at  two  of  the  most  public  places  in  said  City;  and 
said  election  so  held  shall  be  managed  in  the  same  manner  as  the  elections 
to  be  held  in  chief,  according  to  the  provisions  of  this  Charter;  Provided, 
however,  if  the  office  of  Mayor  shall  become  vacant  at  any  time  within 
three  months  of  the  expiration  of  his  term  of  office  the  Mayor  pro  tem 
shall  act  as  Mayor  during  the  balance  of  said  term,  and  exercise  all  the 
rights   and  powers   of  Mayor   during  said  term. 

SECTION  48.  INELIGIBLE  FOR  SECOND  TERM— CHIEF  EXECU- 
TIVE— SALARY. — He  shall  be  ineligible  for  the  succeeding  term;  he  shall 
be  the  Chief  Executive  of  said  City;  he  shall  see  that  all  the  laws  and 
•ordinances  of  the  City  are  faithfully  executed;  shall  examine  and  audit 
all  accounts  against  the  City  before  payment;  shall  have  a  salary  adequate, 
to  be  fixed  by  the  General  Council  preceding  his  election,  which  shall  not 
"be  changed  during  his  term  of  office;  he  shall  have  power  to  convene 
the  General  Council  in  extra  session,  whenever,  in  his  judgment,  the  exi- 
gencies of  the  case  require  it.  * 

SECTION  49.  MAYOR'S  COURT— FINES— WHO  PRESIDE  AT.— The 
Mayor,  or  in  his  absence,  the  Mayor  pro  tem,  shall  have  full  power  and 
authority  to  hold,  at  such  times  and  places,  and  under  such  rules  and 
regulations  as  may  be  prescribed  by  ordinances,  a  Mayor's  Court  for  said 

25. 


City  for  the  trial  of  offenders  against  the  ordinances  of  said  City,  and' 
impose  such  penalties  for  violations  thereof  as  may  be  prescribed  by 
ordinance,  not  exceeding  five  hundred  dollars  and  imprisonment,  or  labor 
on  public  works  for  thirty  days  for  each  offense.  The  like  authority  may 
be  conferred  upon  any  one  member  of  the  General  Council  to  be  regulated 
by   ordinance. 

SECTION  50.  A  JUSTICE  OF  THE  PEACE— WAREANTS  ISSUED 
BY— COMMITMENT  TO  JAIL  OF  COUNTY.— The  said  Mayor  shall  be, 
to  all  intents  and  purposes,  a  Justice  of  the  Peace,  so  far  as  to  enable 
him  to  issue  warrants  for  offenses  committed  within  the  corporate  limits 
of  said  City,  which  warrants  shall  be  execiited  by  the  Marshal  or  Chief 
of  Police;  and  commit  to  the  jail  of  the  County  of  Fulton,  or  to  admit  to 
bail  offenders,  for  their  appearance  at  the  next  Superior  Court  thereafter, 
for  the  County  of  Fulton;  and  it  shall  be  the  duty  of  the  jailer  of  the 
County  of  Fulton  to  receive  all  such  persons  so  committed,  and  safely  to 
keep  the  same  until  discharged  by  due  course  of  law. 

SECTION  51.  PRESIDING  OFFICER— ELECTION  OF  MAYOR  PRO 
TEM. — The  General  Council  and  Board  of  Aldermen  and  the  Board  of 
Councilmen  shall  be  presided  over  by  the  Mayor  pro  tern,  except  at  the* 
first  meeting  in  January  of  each  year  the  Mayor  shall  preside  over  the 
General  Council,  and  administer  the  oath  to  the  newly  elected  members, 
announce  the  standing  Committees  for  the  year,  and  then  the  General 
Council  shall  proceed  to  the  election  of  Mayor  pro  tem.  The  Mayor  shall 
also  preside  at  the  sessions  of  the  General  Council  during  the  election  of 
officers. 

SECTION  52.  NO  VOTE  EXCEPT  IN  CASE  OF  TIE.— The  Mayor 
and  the  Mayor  pro  tem,  when  presiding  respectively  over  the  General 
Council,  and  Board  of  Councilmen,  as  above  provided,  shall  have  no  vote 
except   in   case   of  a  tie. 

SECTION  53.  VETO  OR  APPROVAL  FOUR  DAYS.— Within  four 
days  after  the  passage  thereof  the  Mayor,  or,  in  his  absence  the  Mayor 
pro  tem,  shall  approve,  or  veto,  the  resolutions,  orders,  ordinances,  or 
other  Acts  of  the  General  Council,  or  Board  of  Aldermen,  or  Board  of 
Councilmen,  except  the  election  of  officers. 

26 


SECTION  54.  PASSING  OVER  VETO.— The  General  Council  may  pas& 
the  said  order,  ordinance,  or  resolution,  notwithstanding  the  veto,  by  a 
vote  of  two-thirds,  to  be  taken  by  yeas  and  nays,  and  entered  on  the 
minutes. 

SECTION  55.  IN  ABSENCE  OF  MAYOR,  MAYOR  PRO  TEM  ACTS.— 
In  the  absence  of  the  Mayor,  this  power  may  be  exercised  by  the  presiding 
officer  for  the  time  being. 

SECTION  56.  OATH  OF  OFFICE— WHEN  ADMINISTERED— 
STANDING  COMMITTEES— ELECTION  OF  MAYOR  PRO  TEM.— At  the 
first  meeting  in  January  of  each  year  the  Mayor  shall  preside  over  the 
General  Council  and  administer  the  oath  of  office  to  the  newly  elected 
members,  and  announce  the  standing  Committees  for  the  year,  and  the 
General  Council  shall  then  proceed  to  the  election  of  a  Mayor  pro  tem. 

SECTION  57.  MAYOR  PRESIDES  DURING  ELECTION  OF  OFFI- 
CERS.— The  Mayor  shall  also  preside  at  the  sessions  of  the  General  Council 
during  the  election  of  officers,  unless  absent  from  the  City,  ox,  prevented 
by  illness,  or  other  unavoidable  causes,  in  which  event  the  Mayor  pro  tem 
shall  jjreside. 

SECTION  58.  MAYOR  PRO  TEM  PRESIDING  OVER  THE  BOARD 
OF  ALDERMEN  VOTES. — The  Mayor  pro  tem,  when  presiding  over  the 
Board  of  Aldermen,  shall  vote  on  all  questions  coming  before  that  Board 
for  separate  action,  and  shall  have  no  additional  vote,  in  case  of  a  tie  in 
that    Board. 

SECTION  59.  MAYOR  EX-OFFICIO  MEMBER  OF  THE  BOARDS.— 
The  Mayor  shall  be  ex-officio  a  member  of  the  Board  of  Police  Commis- 
sioners,  Water   Commissioners,    Board   of   Health,   and   Board   of   Education. 

SECTION  60.  ABSENCE  OF  MAYOR  AND  MAYOR  PRO  TEM,  WHO 
ELECTED  AND  HOW.— Whenever  it  shall  so  happen  that  both  the  Mayor 
and  Mayor  pro  tem  shall  be  absent  or  under  disability,  or  in  case  both  of 
said  offices  should  he  for  any  cause  vacant,  then,  and  in  that  case,  the 
Clerk  shall  call  a  special  meeting  of  the  General  Council  for  the  purpose 
of  considering  Hhe  same,  and,  if  upon  assembling,  that  body  shall  by 
resolution  declare  that  said  absence,  disability,  or  vacancy  exist,  then 
they  shall  immediately  proceed  to  elect  another  Mayor  pro  tem,  who  shall 
succeed   to   and   exercise   all   the   powers   and   duties   of   a   Chief   Executive 

27 


of  said  City  until  the  Mayor,  or  previously  chosen  Mayor  pro  tern  shall 
be  in  condition  to  resume  and  does  resume  the  duties,  or  until  the  existing 
vacancy  or  vacancies,  as  the  case  may  be,  shall  be'  filled  in  the  manner 
pointed   out   by   law. 

SECTION  61.  MAYOR'S  OATH  OF  OFFICE.— The  oath  to  be  taken 
and  subscribed  by  the  Mayor  and  members  of  the  General  Council  of  the 
City  of  Atlanta,  before  entering  upon  the  duties  of  their  office,  shall  be 
as  follows:  "I  swear  that  I  will  faithfully  and  impartially  demean  myself 
as  Mayor,  Councilman,  or  Alderman,  during  my  continuance  in  office.  I 
have  not,  in  order  to  influence  my  election  to  this  office,  directly  or  indi- 
rectly, expressly  or  impliedly,  promised  my  vote  or  support  to  any  person 
for  any  office  in  the  City  Government  of  Atlanta,  nor  for  any  other  office. 
I  will  not  knowingly  permit  my  vote  in  the  election  or  appointment  of 
any  person  to  a  position  in  the  City  Government  to  be  influenced  by  fear, 
favor,  or  affection,  reward  or  hope  thereof,  but  in  all  things  pertaining 
to  my  said  office  I  will  be  governed  by  what  is  my  conviction  for  the 
public     good. ' ' 

SECTION  62.  QUALIFY  COUNCILMEN.— The  Mayor,  after  being  so 
qualified,  shall  have  full  power  and  authority  to  administer  the  oath  of 
office  to  each  member  of  the  Board  of  General  Council. 

SECTION  63.  PENALTY  FOR  VIOLATION  OF  OATH  OF  OFFICE- 
TRIAL — HOW  HEARD. — Any  person  found  guilty  of  violating  any  of 
the  provisions  of  the  above  oath,  upon  a  fair  and  impartial  trial  before 
the  Mayor  and  General  Council  of  said  City,  shall  be  forthwith  expelled 
from  office,  and  forever  disqualified  thereafter  from  holding  any  position 
of  honor,  trust,  or  emolument  connected  with  the  City  Government  of 
Atlanta. 


28 


CHAPTER  VI. 

LEGISLATIVE  DEPARTMENT. 

SECTION  64.  LEGISLATIVE  DEPARTMENT— STYLE  OF.— The  Leg- 
islative Department  of  said  City  shall  be  vested  in  the  Mayor,  Board  of 
Aldermen,  and  Board  of  Councilmen.  The  Mayor  and  Board  of  Councilmen 
shall  be  styled  the  Mayor  and  Council;  and  the  Mayor  and  Board  of 
.Councilmen  meeting  with  the  Board  of  Aldermen,  or  acting  and  meeting 
on  separate  days,  but  on  any  matter  requiring  the  concurrent  or  separate 
action  of  both  the  Board  of  the  Councilmen  and  Board  of  Aldermen,  shall 
be    styled    the    Mayor    and    General    Council. 

SECTION  6.5.  ALDERMEN  NOT  REQUIRED  TO  ACT  SEPARATELY, 
EXCEPT. — The  Board  of  Aldermen  shall  not  be  required  to  meet  or  act 
as  a  separate  Board  on  any  matters  in  said  City,  except  as  hereafter 
provided. 

SECTION  66.  FIVE  AVARDS.— The  City  shall  be  laid  off  into  five 
Wards  by  Council;  said  Wards  to  be  as  nearly  equal  as  possible,  considering 
population  and  territory.  (Increased  to  nine).  (Amendment  of  1908  allows, 
and   directs   a   re-districting   of   the   City). 

SECTION  67.  SIXTH  WARD.— The  Sixth  Ward  shall  be  bounded  as, 
follows:  Commencing  at  the  point  where  Butler  Street  crosses  the  Georgia 
Railroad,  and  running  along  North  Butler  Street  to  North  Avenue,  thence 
along  North  Avenue  to  Williams  Street,  thence  along  Williams  Street  to 
West  Cain  Street,  thence  along  West  Cain  to  James  Street,  thence  along 
James  Street  to  Forsyth  Street,  thence  along  Forsyth  Street  to  the  Western 
and  Atlantic  Railroad. 

SECTION  68.  FOURTH  AND  FIFTH  WARDS  FIXED.— The  Fourfh 
and  Fifth  Wards  shall  remain  as  at  present  laid  off,  after  taking  from 
them  the  territory  comprised  or  embraced  within  the  limits  specified  for 
the   Sixth   and   Eighth   Wards. 

SECTION  69.  SEVENTH  WARD.— The  Seventh  Ward  includes  all  the 
corporate   limits   of   the   former   City   of   West   End. 

(a)  Provision  that  the  corporate  limits  of  the  City  of  West  End  should 
form  a  distinct  Ward  of  the  City  of  Atlanta,  to  be  known  as  the  Seventh 
Ward,   repealed   August   3rd,    1904. 

29 


SECTION  70.  EIGHTH  WARD.— Beginning  at  the  present  City  limits 
at  a  point  two  hundred  (200)  feet  West  of  West  Peachtree  Street,  thence 
running  Northwardly  parallel  with  West  Peachtree  Street,  and  two  hundred 
feet  West  of  said  Street  to  a  point  two  hundred  (200)  feet  North  and 
laeyond  Fifteenth  Street,  thence  East  parallel  with  Fifteenth  Street  and 
two  hundred  feet  beyond  same  to  Piedmont  Avenue,  thence  Northeastwardly 
along  the  East  side  of  Piedmont  Avenue  to  the  West  side  of  the  right-of- 
way  of  the  Southern  Railway,  and  thence  Southwardly  along  the  West 
side  of  said  right-of-way  to  its  intersection  with  Williams  Mill  Road,  and 
thence  along  Williams  Mill  Road  to  Prospect  Street,  thence  along  Prospect 
Street  to  the  present  City  limits,  thence  Westwardly  in  a  curve  along  said 
City  limits   to   the   beginning  point. 

Also,  that  portion  of  the  City  of  Atlanta  lying  between  the  territory 
above  described,  and  the  present  limits  of  the  Sixth  Ward,  and  bounded 
on  the  East  by  the  Fourth  Ward,  and  on  the  West  by  the  Fifth  Ward. 

The  territory  above  described  constitutes  the  Eighth  Ward  of  said 
City  of  Atlanta. 

SECTION  71.  LIMITS  OF  EIGHTH  WARD  MAY  BE  CHANGED 
ONCE. — After  the  first  day  of  January,  1905,  the  Mayor  and  General 
Council  are  authorized,  in  their  discretion,  to  change  the  territory  contained 
in  said  Eighth  Ward  heretofore  described  by  deducting  such  portions  of 
territory  in  the  Sixth  Ward,  or  the  Fourth  Ward,  or  both  Wards,  and 
make  such  portions  of  territory  constitute,  together  with  the  newly  annexed 
territory,  the  new  Eighth  Ward,  but,  having  been  once  changed,  said 
boundaries  shall   remain   fixed. 

SECTION  72.  REPRESENTATIVES  OF  EIGHTH  WARD  ON  DIF- 
FERENT BOARDS— VOTING  PRECINCTS  IN.— Each  and  all  Charter 
provisions  providing  for  Ward  representatives  in  the  different  Boards  and 
Departments  and  Voting  Precincts,  etc.,  are  hereby  amended  so  as  to 
increase  such  representation  in  proportion  to  the  number  of  Wards  increased 
under  the  provisions  of  these  amendments.  Likewise  all  the  present 
municipal  regulations  with  reference  to  Wards  shall  be  made  applicable  to 
the  increased  number  of  Wards  as  herein  provided,  so  that  there  shall  be 
no  change  in  the  present  municipal  government,  except  to  adjust  same 
to  the  increased  number  of  Wards.  Where  said  Boards  or  Departments 
are  not  governed  in  proportion  to  the   number  of   Wards,  these  provisions 

30 


-shall  not  operate  to  increase  the  membership  thereof.  Proper  ordinances 
shall  be  immediately  enacted  so  as  to  carry  all  the  provisions  of  the 
several  Charter  amendments  herein  made  into  effect  on  or  after  the  first 
Monday  in  January,   1905. 

SECTION  73.  EIGHTH  WARD  EQUAL  RIGHTS.— Citizens  living  in 
the  Eighth  Ward,  as  above  defined,  or  hereafter  constituted  in  accordance 
with  the  provisions  of  this  Charter,  shall  have  all  and  similar  rights  and 
privileges,  as  enjoyed  by  the  other  Wards  of  the  City. 

SECTION  74.  NUMBER  OF  COUNCILMEN  FOR  EACH  WARD.— Two 
Councilmen  shall  be  elected  from  each  Ward  by  the  voters  qualified  to 
vote  for  the  members  of  the  General  Assembly,  to  serve  for  two  years. 

SECTION  75.  ANNUAL  ELECTIONS.— The  elections  shall  be  annual, 
so  that  one-half  shall  go  out  every  year. 

SECTION  76.  INELIGIBLE  FOR  SUCCEEDING  TERM.— They  shall 
be  ineligible  for  the  succeeding  term,   (but  are  eligible  for  Aldermen). 

SECTION  77.  ALDERMEN— NUMBER.— There  shall  be  one  Alderman 
from  each  Ward. 

SECTION  78.  INELIGIBLE  TO  SUCCEED  THEMSELVES.— They 
shall  be  ineligible  for  the  succeeding  term,  (but  are  eligible  for  Council- 
men). 

SECTION  79.  GENERAL  COUNCIL— HOW  COMPOSED.— The  Coun- 
cilmen representing  the  different  Wards,  and  the  Aldermen  representing  the 
dift'erent  Wards  shall  constitute  the  General  Council  of  the  City,  and  shall 
have  all  the  powers  vested  in  the  Mayor  and  Council  of  the  City  of  Atlanta. 

SECTION  80.  ELECTION— SALARIES.— They  shall  be  elected  by 
general  ticket,  and  shall  have  annual  salaries  of  three  hundred  dollars 
each.  This  compensation  shall  not  be  changed  during  the  term  for  which 
they    are    elected. 

SECTION  81.  REMOVAL  FROM  WARD— VACANCY  BY.— In  any  and 
all  cases,  in  which  any  person  has  been  heretofore  or  may  be  hereafter 
elected  by  popular  vote,  or  be  elected  or  appointed  by  the  Mayor  and 
General  Council  of  said  City  of  Atlanta,  or  by  any  Board,  Commission,  or 
Department   of  said  City  Government,  to   any  office  or  official   service   for 

:5i 


or  to  serve  or  represent  any  Ward  of  said  City,  and  any  such  person  so 
elected  or  appointed  to  represent  or  serve,  has  heretofore,  or  shall  hereafter 
remove  from  the  "Ward  from  or  for  which  he  was  so  elected  or  appointed 
to  represent  or  serve,  the  fact  or  act  of  such  removal  shall  thereby  create 
a  vacancy  in  such  official  service,  and  such  vacancy  shall  be  filled  as  in 
other  cases  of  vacancy  in  office  in   said  City. 

SECTION  82.  giTORUM  OF  GENERAL  COUNCIL.— Eleven  shall  con- 
stitute a  quorum  of  the  General  Council  of  the  City  of  Atlanta  for  the 
transaction    of    business. 

SECTION  8.3.  QUORUM  OF  COUNCILMEN.— A  quorum  of  the  Board 
of   Councilmen   shall   consist   of  a  majority   of   all   the   members   thereof. 

SECTION  84.  QUORUM  OF  ALDERMEN.— A  quorum  of  the  Board 
of  Aldermen  shall  consist  of  a  majority  of  all   of  the  members  thereof. 

SECTION  85.  MINORITY— POWERS  OF— ABSENTEES— ATTEND- 
ANCE COMPELLED. — In  all  cases  a  less  number  may  adjourn  from  time 
to  time,  and  compel  the  attendance  of  the  absentees. 

SECTION  86.  SEPARATE  ACTION— INDEBTEDNESS— EXPENDI- 
TURE.— In  all  votes,  resolutions  or  ordinances  having  for  their  object  the 
increase  of  the  indebtedness  of  the  City,  or  the  expenditure  of  its  revenue, 
except  appropriations  for  the  payment  of  its  salaried  officers,  the  Council- 
men  representing  the  different  Wards,  and  the  Aldermen  representing  the 
City  at  large,  shall  act  as  separate  and  distinct  legislative  bodies;  and  na 
vote,  resolution  or  ordinance  having  for  its  object  the  increase  of  the  in- 
debtedness of  the  City,  or  the  expenditure  of  its  moneys,  or  authorizing  the 
sale  of  any  part  of  the  public  property  of  the  City,  or  the  granting  of  fran- 
chises for  street  railroads  or  railways,  or  telephone  companies,  or  telegraph 
companies,  or  electric  or  gas  companies,  or  any  other  similar  franchise 
where  the  streets  or  public  alleys  are  to  be  used  for  any  purpose  in  the 
prosecution  of  the  business  of  the  company  seeking  the  franchise,  shall  be 
voted  until  the  same  shall  have  received  a  majority  of  the  votes  of  a 
quorum   of  each   of  those  legislative   bodies,   separately   cast. 

SECTION  87.  ALDERMEN  NO  YOTE  IN  GENERAL  COUNCIL 
WHEN. — The  Aldermen  shall  have  no  vote  upon  such  questions,  when  orig- 
inally presented  and  voted  on  by  the  Councilmen  as  aforesaid,  but  shalL 
meet   as  a   separate   body   and   vote   on   the   same. 

32 


SECTION  88.  NOTICE  TO  RECONSIDER— ONE  ALDERMAN— TWO 
COUNCILMEN.— When  any  such  vote  or  resolution  is  passed,  any  one 
Alderman  or  two  Councilmen  may  give  notice  of  a  motion  to  reconsider, 
which  motion  in  either  case  shall  operate  to  delay  the  question  until  said 
consideration  can  be  acted  upon  at  the  next  regular  meeting,  the  meeting 
of  said  Aldermen  to  be  presided  over  by  the  Mayor  pro  tem,  and  the  City 
Clerk  shall  keep  the  minutes  as  in  meeting  of  the  General  Council. 

SECTION  89.  JOINT  BOARD  ON  ALL  MATTERS  BUT  FRAN- 
CHISES, PUBLIC  PROPERTY  OR  EXPENDITURES.— In  all  other  matters 
they  shall   act  as  a  joint  Board. 

SECTION  90.  YEAS  AND  NAYS— WHO  CALL— HOW.— Each  mem- 
ber of  the  General  Council  shall  have  the  right  to  call  for  the  yeas  and 
nays  and  have  the  same  recorded  on  the  minutes  in  all  cases,  whether 
sitting   in    General    Council   or   as   separate   bodies. 

SECTION  91.  SESSIONS  OF  GENERAL  COUNCIL.— The  regular 
sessions  of  the  Mayor  and  General  Council  shall  be  held  on  the  first  and 
third  Monday  in  each  month,  and  continue  from  day  to  day  in  their 
discretion. 

SECTION  92.  GENERAL  POWERS— GENERAL  WELFARE— PEACE 
— ORDER — GOOD  GOVERNMENT. — The  said  Mayor  and  General  Council 
shall  have  full  power  and  authority  to  pass  all  by-laws  and  ordinances 
respecting  public  buildings  and  grounds,  workhouses,  public  houses,  car- 
riages, wagons,  carts,  drays,  pumps,  wells,  springs,  fire-engines,  care  of  the 
poor,  suppression  of  disorderly  houses,  houses  of  ill-fame,  for  the  pre- 
vention and  punishment  of  disorderly  conduct  and  conduct  liable  to  disturb 
the  peace  and  tranquility  of  any  citizen  or  citizens  thereof,  and  every 
other  by-law,  regulation,  and  ordinance,  that  may  seem  to  them  proper  for 
the  security  of  the  peace,  health,  order,  and  good  government  of  said  city. 

SECTION  93.  CEMETERIES— CONTIGUOUS— POLICE  CONTROL.— 
The  Mayor  and  General  Council  of  said  City  shall  have  power  to  exercise 
reasonable  supervision  and  police  control  over  all  cemeteries  contiguous 
to  the  City,  and  used  by  the  citizens  for  interment,  whether  located 
within  the  City  limits  or  not,  so  as  to  allow  no  burial  within  the  same 
without    a   permit    from    said    City   authorities. 

33 


SECTION  94.  NO  NEW  CEMETERY  WITHIN  FOUR  MILES— PEN- 
ALTY FOR  VIOLATION. — No  new  cemetery  shall  be  opened  or  used, 
which  is  within  four  (4)  miles  of  the  center  of  said  City,  and  any  person 
or  persons,  company  or  corporation,  or  agent  of  any  such  company  or 
corporation,  who  shall  open  or  use  any  such  new  cemetery  within  four 
(4)  miles  of  the  center  of  said  City,  shall  be  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  shall  for  each  offense  be  fined  not  exceeding 
one  thousand  ($1,000.00)  dollars,  or  imprisonment  not  exceeding  twelve 
(12)  months,  one  or  both,  in  the  discretion  of  the  Court,  and  any  attempt 
to  open  or  use  any  such  new  cemetery  within  four  (4)  miles  of  said  City, 
shall  also  be  subject  to  be  enjoined  by  the  Superior  Court  under  penalty. 

SECTION  95.  FIRE  ESCAPES— CHARACTER— MATERIAL— OWNER 
— LESSEE.— The  Mayor  and  General  Council  of  the  City  of  Atlanta  are 
hereby  authorized  and  empowered  whenever,  in  their  judgment,  the  same 
is  necessary  for  the  safety  and  protection  of  human  life,  to  require  the 
owner,  agent,  lessee,  or  tenant  in  possession  of  any  building  in  said  City, 
to  place  thereon  fire  escapes  of  such  character  and  material  as  may  be 
by  said   Mayor   and   General   Council   deemed   requisite. 

SECTION  96.  FAILURE  TO  COMPLY— PENALTY— REGULATION. 
— After  notice  to  place  fire  escapes  on  any  building,  and  failure  within  the 
time  specified  to  place  the  same,  the  owner,  agent,  lessee,  or  tenant  in 
possession,  who  shall  have  been  served  with  such  notice,  shall  be  subject 
to  a  fine  or  imprisonment,  or  both,  as  provided  by  the  Charter  of  said 
City,  and  ordinance  passed  in  j^ursuance  thereof.  Said  Mayor  and  General 
Council  shall  have  power  to  prescribe  by  ordinance  for  the  regulation 
of  the  placing  of  fire  escajies  on  buildings  in  said  City  requiring  the 
same,  as  to  notice,  time  within  which  to  place  the  same  after  notice, 
and   otherwise. 

SECTION  97.  PENAL  ORDINANCES— FIVE  HUNDRED  DOLLARS 
FINE— THIRTY  DAYS  IN  PRISON— ALTERNATIVE  SENTENCE.— The 
said  Mayor  and  GeneraJ  Council  shall  have  ])ower  and  authority  to  pre- 
scribe, by  ordinance,  adequate  penalties  for  all  offenses  against  the  ordi- 
nances of  said  City,  and  to  ])unish  offenders  by  fines,  not  exceeding  five 
hundred  dollars,  and  imprisonment  in  the  calaboose,  not  exceeding  thirty 
days,    for    each    offense;    to    enforce    the    payment    of    fines   by    compelling 

34 


offenders  and  those  who  fail  or  refuse  to  pay  said  fines,  to  work  on  the 
streets  or  public  works  of  said  City.  They  shall  have  power  to  compel 
offenders,  sentenced  to  imprisonment  in  the  calaboose,  as  aforesaid,  to 
labor  on  the  public  works  or  streets,  to  be  regulated  by  ordinance. 

SECTION  98.  TWO  READINGS  OF  ORDINANCES  AT  DIFFERENT 
MEETINGS— TWO-THIRDS  VOTE  FOR  PASSAGE  AT  THE  SAME 
MEETING  OF  GENERAL  COUNCIL. — All  ordinances  requiring  action  by 
the  Mayor  and  General  Council  in  joint  session  shall  undergo  one  reading 
each  at  two  different  regular,  or  special,  or  called  meetings,  or  at  one 
regular  and  one  called  meeting,  before  adoption,  except  that  by  a  two- 
thirds  vote  of  the  members  present,  an  ordinance  may  be  read  twice  at 
the  same  regular,  called,  or  special  meeting,  and  adopted.  All  ordinances 
requiring  action  by  the  Mayor  and  Council  and  Board  of  Aldermen  sepa- 
rately, shall  undergo  one  reading  each,  at  two  different  regular,  or  special 
or  called  meetings  of  the  Mayor  and  Council,  or  at  one  regular  and  one 
called  meeting,  before  adoption,  except  that  by  a  two-thirds  vote  of  the 
members  thereof  present,  an  ordinance  may  be  read  twice  at  the  same 
regular,  called,  or  special   meeting,  and  -adopted. 

SECTION  99.  ORDINANCES— HOW  READ  IN  BOARD  OF  ALDER- 
MEN.— An  ordinance  requiring  separate  action  and  concurrence  by  the 
Board  of  Aldermen  shall  undergo  such  reading  only  in  said  Board  as  said 
Board   may   by   rule    prescribe. 

SECTION  100.  CONTRACTS  WITH  CITY  BY  MEMBERS  OF  COUN- 
CIL ILLEGAL— PENALTY.— It  shall  not  be  lawful  for  any  member  of  the 
General  Council  to  be  interested,  either  directly  or  indirectly,  in  any 
contract  with  the  City  of  Atlanta,  the  Mayor  and  General  Council,  or  any 
one  or  more  of  them,  having  for  its  object  the  public  improvement  of 
the  City,  or  any  part  thereof,  or  the  expenditures  of  its  moneys.  Any 
violation  of  this  Section  by  any  member  of  the  General  Council,  shall, 
on  conviction  thereof,  be  punished  as  prescribed  in  Section  4310  of  the 
Code   of  this   State    (being   Section   1039   of   Criminal   Code   of   1895). 

SECTION  101.  OFFICE  HELD  UNTIL  SUCCESSOR  QUALIFIED.— 
Each  member  of  the  General  Council  shall,  in  all  cases,  hold  his  office 
until   his   successor   is   elected   and   qualified. 

35 


SECTION  102.  VACANCIES  IN  BOAEDS  OF  ALDERMEN  AND 
COUNCILMEN— HOW  FILLED— NOTICE— ELECTION.— In  case  a 
vacancy  shall  occur,  either  in  the  Board  of  Aldermen  or  in  the  Board 
of  Councilmen,  by  death,  resignation,  removal,  or  otherwise,  the  Mayor, 
or,  in  case  his  seat  is  vacated,  the  May  pro  tern,  or  a  majority  of  the 
General  Council,  shall  order  a  new  election  by  giving  at  least  ten  days ' 
notice  in  one  or  more  of  the  City  papers,  or  at  two  or  more  of  the  most 
public  places  in  said  City;  and  said  election,  so  held,  shall  be  managed  in 
the  same  manner  as  the  election  to  be  held  in  chief,  according  to  the 
provisions  of  this  Charter  on  the  subject  of  elections. 


CHAPTER    VIL 
ELECTIONS. 


SECTION  103.  ELECTIONS  BY  MAYOR  AND  GENERAL  COUNCIL 
— AVHEN  HELD. — All  persons  holding  office  under  elections  or  appointment 
by  the  Mayor  and  General  Council  shall  be  elected  or  appointed  at  the 
first   meeting   in   Juh^   biennially.      (Changed   as   to    several   offices). 

SECTION  104.  REMOVAL.- All  such  officers  are  subject  to  removal 
for  cause,  as  herein  provided. 

^  SECTION  105.  ELECTION  COMMISSIONERS— WHEN  APPOINT- 
ED.— At  the  first  meeting  of  the  Mayor  and  Council  in  the  month  of 
July,  1874,  they  shall  appoint,  and  every  two  years  thereafter  the  said 
Mayor  and  Council  shall  appoint  three  Commissioners  for  each  Ward,  free- 
holders residing  therein,  to  hold  the  elections  in  said  Ward;  and  in  case 
of  vacancy  from  removal  or  otherwise,  the  Mayor  and  Council,  or  Mayor 
and  General  Council,  as  the  case  may  be^  shall  supply  the  same.  The 
Mayor  and  General  Council,  in  their  discretion,  authorized  to  increase  the 
Board  of  Election  Managers  from  and  for  the  several  W^ards  from  the 
present    number    of    three    to    any    additional    number    desired. 

SECTION  106.  TERM  OF  OFFICE— AUTHORITY  OF.— The  said  Com- 
missioners shall  hold  all  City  elections  in  their  respective  Wards.  They 
shall  be  judges  of  the  qualifications  of  voters,  shall  have  such  clerks  as 
they   deem   necessary   to   hold   elections,   to   be   selected   by   them   for   each 

36 


Ward,  and  such  Commissioners  sjhall  serve  for  such  reasonable  compensation 
as  shall  be  prescribed  by  the  Mayor  and  General  Council.  These  Com- 
missioners shall  hold  their  office  for  two  years,  unless  removed  for  cause, 
as    aforesaid. 

SECTION  107.  CLERKS  FOR  ELECTIONS  TO  GET  COMPENSA- 
TION.— The  clerks  shall  have  such  compensation  as  may  be  allowed  by 
the  Mayor  and  Council,  or  Mayor  and  General  Council,  as  the  case  may  be. 

SECTION  108.  VACANCIES -IN  BOARD  OF  ELECTION  COMMIS- 
SIONERS—HOW FILLED.— All  vacancies  in  said  Board  of  Election  Com- 
missioners shall  be  filled  by  the  said  Mayor  and  Council,  or  Mayor  and 
General   Council. 

SECTION  109.  ELECTIONS— HOW  CONDUCTED— FREEHOLDERS 
—ONE  OR  MORE  COMMISSIONERS  PRESENT.— If  by  10:00  o'clock 
A.  M.  on  the  day  of  election,  a  majority  of  said  Commissioners  fail  to 
attend  at  any  voting  place,  and  proceed  to  hold  the  election  as  herein 
provided,  any  three  freeholders  of  the  Ward  may  hold  and  conduct  the 
same:  Provided,  nevertheless,  that  nothing  herein  contained  shall  be  con- 
strued to  hinder  or  prevent  any  one  or  more  of  said  Commissioners  from 
acting  as  manager  or  managers,  should  they  be  present  at  the  voting  placb, 
supplying  the  number  of  managers  required  by  this  Charter  from  any  of  the 
freeholders  of  the  Ward. 

SECTION  110.  OATH  OF  COMMISSIONERS.— The  election  Commis- 
sioners provided  for  in  the  preceding  Section,  or  freeholders  acting  in 
their  stead  as  above,  shall  take  the  oath,  and  conduct  the  elections,  and 
make  returns  to  the  Mayor  and  Council,  if  prior  to  January  1,  1875,  or  if 
thereafter,  to  the  Mayor  and  General  Council,  in  the  manner  prescribed 
by  law  for  the   election  of  members  of  the  General   Assembly. 

SECTION  111.  RETURNS— RESULT  DECLARED.— The  Mayor  and 
Council,  or  the  Mayor  and  General  Council,  shall  consider  the  returns  and 
declare  the  results. 

SECTION  112.  CONTESTS— HOW  TRIED.— All  cases  of  contested 
elections  shall  be  tried  by  the  Mayor  and  Council,  or  the  Mayor  and 
General   Council. 

37 


SECTION  113.  TWO  OR  MOEE  VOTING  PLACES  IN  EACH  WARD. 
— The  Mayor  and  General  Council  of  said  City  are  hereby  authorized  and 
empowered  in  their  discretion  to  establish  two.  or  more  voting  places  in 
each   W^ard   of   said   City. 

SECTION  114.  VOTERS— QUALIFICATIONS— VOTING  PLACE.— 
No  person  shall  vote  either  for  Maj^or  or  Aldermen  or  Councilmen,  or  at 
any  other  Ci-ty  election,  elsewhere  than  in  the  Ward  in  which  he  resides,. 
and  the  other  qualifications  of  voters  shall  remain  as  now  fixed  by  law. 

SECTION  115.  VOTING  MORE  THAN  ONCE— PENALTY.— Any  per- 
son voting,  or  attempting  to  vote,  more  than-  once,  at  any  City  election, 
provided  for  by  this  Act,  or  by  other  law,  and  every  person  voting,  or 
attempting  to  vote,  in  violation  of  this  Act,  or  other  law  providing  for 
the  City  election,  shall  be  guilty  of  misdemeanor,  and  upon  indictment  or 
accusation  and  conviction,  shall  be  punished,  as  provided  for  in  Section 
1039   of  the  Criminal  Code  of  Georgia,  1895. 

SECTION  116.  ClTY  ATTORNEY— CITY  ENGINEER— COMMIS- 
SIONER OF  PUBLIC  WORKS- TAX  COLLECTOR— SEXTON— TREAS- 
URER—ELECTION  OF— WHEN  HELD.— The  City  Attorney,  City  Engi- 
neer, Commissioner  of  Public  Works,  Tax  Collector,  and  Sexton,  and 
Treasurer,  of  the  City  of  Atlanta,  shall  be  elected  by  the  qualified  voters 
of  said  City;  Provided,  this  Act  shall  not  interfere  with  the  power  of  the 
Mayor  and  General  Council,  given  by  existing  laws,  to  abolish  the  office 
of  Marshal,  or  to  consolidate  the  office  of  Marshal  and  Tax  Collector,  in 
their  discretion,  nor  with  the  jjower  given  by  existing  law  to  consolidate 
any  of  the  other  offices  provided  for  by  the  Charter  of  said  City  with  the 
office  of  Comptroller.  The  first  election  of  said  officers  under  this  Act 
shall  occur  on  the  first  Wednesday  in  December,  1894,  at  the  time  of  the 
election  of  the  Mayor,  Aldermen  and  Councilmen,  and  shall  be  for  a  term 
beginning  on  the  first  Monday  in  July,  1895,  and  ending  on  the  first 
Monday  in  January,  1897;  and  all  subsequent  elections  of  such  officers 
shall  be  held  with  the  election  for  Mayor,  Aldermen  and  Councilmen,  or 
for  Aldermen  and  Councilmen  occuring  next  before  the  end  of  the  term 
,  of  office  of  any  of  said  officers,  and  shall  be  for  a  term  of  two  years 
beginning  on  the  first  Mondaj^  in  January  following  such  elections;  Provided, 
the   Mayor   and    General    Council    of   said   City   may   elect    a   Commissioner 

38 


of  Public  Works  at  the  first  meeting  in  Jauuary,  1894,  who  shall  hold 
office  until  the  first  meeting  in  January,  1895,  unless  sooner  removed  for 
cause;  and  the  Commissioner  of  Public  Works  to  be  elected  by  the  people 
under  authority  of  this  Act,  shall  hold  office  for  a  term  of  two  years, 
beginning  on  the  first  Monday  in  January,  1895,  unless  removed  for  cause, 
as    aforesaid. 

SECTION  117.  VACANCIES  IN  THESE  OFFICES— HOW  FILLED.— 
The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  power 
and  authority  to  fill  by  election  any  and  all  vacancies  occurring  in  the 
ministerial  offices  of  said  City,  required  to  be  elected  in  the  first  instance 
by  the   qualified  voters   of  said  City. 

SECTION  118.  REMOVAL  FROM  OFFICE.— The  officers  of  the  City, 
whether  elected  by  the  people  or  otherwise,  shall  be  subject  to  removal 
from  office  by  the  Mayor  and  General  Council  for  cause,  according  to  the 
provisions  of  the  Charter  now  in   force. 

SECTION  119.  REGISTRATIONS— TAX  COLLECTOR  OF  FULTON 
COUNTY  CITY  REGISTRAR.— The  Mayor  and  General  Council  of  said 
City  shall  have  full  power  and  authority  to  provide  for  the  registration 
of  voters  prior  to  any  municipal  election  in  said  City;  to  make  all  needful 
rules  and  regulations  for  the  same,  and  require  that  no  person  be  per- 
mitted to  vote  unless  registered;  to  constitute  and  appoint  the  Tax 
Collector  of  Fulton  County  to  the  office  of  Registrar  of  said  City;  to  fix 
his  compensation  as  such  registrar,  and,  when  so  appointed,  to  require 
him  to  j)erform  the  duties  of  said  office. 


CHAPTER    VIII. 
TAXATION. 


SECTION  120.  TAX  AD  VALOREM.— For  the  purpose  of  raising 
revenue  for  the  suj)port  and  maintenance  of  said  City  Government,  the 
said  Mayor  and  General  Council  shall  have  full  power  and  authority,  and 
they  shall  provide  by  ordinance  for  the  assessment,  levy,  and  collection 
of  an  ad  valorem  tax  on  all  real  and  personal  property  within  the  incor- 
porate  limits    of   said    City,    not    exceeding    one    and    one-fourth    per    cent. 


thereon,  which  shall  include  the  school  tax,  which,  under  the  laws  of  this 
State,  is  subject  to  taxation;  Provided,  nevertheless,  that  all  assessments 
of  real   property   shall   be   made   at   the   cash   market   valuation. 

SECTION  121.  STEEET  TAX  IN  LIEU  OF  ROAD  DUTY.— All  per- 
sons liable  to  perform  road  duty  by  the  laws  of  the  State  shall  be  liable 
and  subject  to  work  on  the  streets  of  said  City  under  the  direction  and 
control  of  the  proper  officers  of  said  City;  Provided,  that  the  Mayor  and 
General  Council  of  said  City  shall  have  power  to  levy  a  street  tax  in 
lieu  thereof. 

SECTION  122.  DEFAULTERS— PENALTY.— All  persons,  who  shall 
refuse  to  pay  said  tax  on  or  before  such  day  as  said  Mayor  and  General 
Council,  by  ordinance,  may  require,  shall  be  required,  upon  three  days' 
notice,  to  do  and  perform  street  work,  as  aforesaid,  and  upon  failure 
thereof,  such  defaulter  shall  be  liable  to  be  dealt  with  by  the  Mayor  and 
General  Council  as  for  violations  of  other  ordinances  of  said  City,  or  may 
be   compelled   to   work   on   the   public   works   of   said   City. 

SECTION  123.  MAY  LEVY  EXTRAORDINARY  TAX  NOT  EXCEED- 
ING ONE-HALF  OF  ONE  PER  CENT— WHEN  COLLECTED.— In  addition 
to  the  ordinary  tax  herein  allowed,  the  Mayor  and  Couneilmen  and 
Aldermen  may,  in  case  of  emergency,  to  be  judged  of  by  them,  levy  an 
extraordinary  tax,  not  exceeding  one-half  of  one  per  cent,  (on  the  taxable 
property  of  said  City),  the  said  extraordinary  tax  to  be  added  to  the 
ordinary  tax,  and  collected  at  the  same  time,  and  used  for  the  same 
purpose. 

SECTION  124.  REGISTRATION  TAX  ON  BUSINESS  AND  AVOCA- 
TION—LIMIT  THREE  HUNDRED  DOLLARS— LIMIT  FIFTY  DOLLARS 
WHERE  AN  AD  VALOREM  TAX  ON  MERCHANDISE  IS  PAID.— The 
Mayor  and  General  Council  shall  have  full  power  and  authority  to  require 
any  person,  firm,  or  corporation  or  company,  engaged  in,  prosecuting,  or 
carrying  on,  or  who  may  engage  in,  prosecute,  or  carry  on  any  trade, 
business,  calling,  avocation  or  profession,  to  register  their  names  and 
business  calling,  avocation,  or  profession  annually,  and  to  require  such 
person,  company,  or  association,  to  pay  for  such  registration  and  for 
license  to  engage  in,  prosecute,  or  carry  on  such  business,  calling  or 
profession  aforesaid,  such  fee,  charge,  or  tax,   as   said  Mayor  and  General 

40 


•Council  may  deem  expedient  for  the  safety,  benefit,  convenience,  and 
-advantage  of  said  City,  said  tax,  registration  fee,  or  license  herein  pro- 
vided  for   shall   not   exceed   the   sum   of   three   hundred   dollars. 

• 

SECTION  125.  PROVISION  ABOVE,  EXCEPTIONS  TO.— The  pro- 
visions of  this  Act  in  no  wise  interfere  with  or  repeal  Sections  27,  28,  29, 
30,  and  31  of  an  Act  to  establish  a  new  Charter  for  the  City  of  Atlanta, 
approved  February  28,  1874,  which  said  named  Sections  refer  to  and 
authorize  said  City  to  levy  and  collect  tax  on  the  retail  of  ardent  spirits, 
theatrical  companies  or  performances,  or  other  exhibitions,  billiard  tables, 
ten-pin  alleys,  nijie-pin  alleys,  or  alleys  of  any  kind,  etc.,  brokerage  business, 
pawn-brokers,   and   itinerant    traders. 

SECTION  126.  CLASSIFICATION  OF  BUSINESS  FOR  TAXATION. 
— Said  Mayor  and  General  Council  are  hereby  given  authority  to  classify 
business,  and  arrange  the  various  business,  trades,  and  professions  carried 
on  in  said  City,  into  such  classes  of  subjects  for  taxation  as  may  be  just  and 
proper:  Provided,  that  nothing  herein  contained  shall  be  construed  to 
authorize  the  levy  of  a  tax  upon  any  profession  not  taxable  under  the 
general    tax    act. 

SECTION  127.  MAY  TAX  BUSINESS  OF  SELLING  WATCHES, 
CLOCKS,  OR  JEWELRY  AT  AUCTION  $1,000,  WITH  PROVISOS.— The 
Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  authority  in 
their  discretion  to  require  the  payment  of  a  registration  tax  of  not  exceed- 
ing one  thousand  ($1,000.00)  Dollars  per  annum  on  the  business  of  selling 
watches,  clocks,  or  jewelry  at  auction  in  said  City;  Provided,  that,  when 
the  registration  tax  on  svich  business  shall  exceed  two  hundred  dollars 
($200.00)  per  annum,  no  ad  valorem  tax  shall  be  charged  to  the  dealer 
paying  such  registration  tax  on  the  stock  carried  by  him;  Provided^  further, 
that  when  such  dealer  is  relieved  from  the  payment  of  ad  valorem  tax 
on  his  stock,  the  registration  tax  shall  not  in  any  case  be  less  tlijin  the 
ad  valorem  tax  on  the  assessed  value  of  his  stock  would  amounr  to. 

SECTION  128.  LICENSE  FEE  OR  TAX  ON  INSURANCE  AGENTS- 
ONE  PER  CENT.  ON  PREMIUMS.— The  Mayor  and  General  Council  of 
said  City  are  hereby  empowered  to  charge  a  license  fee  or  tax  upon  all 
insurance  agents,  including  all  companies  for  whom  they  do  business,  of 
one  per  cent,  on  all  premiums  received  by  or  sent  through  the  office  in 
said  City. 

41 


SECTION  129.  MAY  TAX  ITINERANT  TRADERS.— The  said  Mayor 
and  General  Council  shall  have  the  power  to  levy  and  collect  from  itinerant 
traders,  who  may,  directly  or  indirectly,  by  themselves  or  others,  sell  any 
goods,  wares,  or  merchandise  in  said  City,  such  tax  as  to  them  may  seem 
proper. 

SECTION  130.  TAX  ON  BROKERAGE  BUSINESS— LIMIT  THREE 
HUNDRED  DOLLARS.— The  said  Mayor  and  General  Council  shall  have 
full  power  and  authority  to  assess  a  tax  on  such  persons  carrying  on  the 
brokerage  business  in  said  City,  of  not  more  than  three  hundred  dollars 
per  annum,  in  addition  to  all  other  tax  they  may  be  required  to  pay. 

SECTION  131.  MAY  LICENSE  PAWN-BROKERS— IMPOSE  TAXES 
—REVOKE  LICENSES— EXERCISE  SUPERINTENDENCE.— They  shall 
have  power  to  license  pawn-brokers  within  their  respective  jurisdiction, 
define  by  ordinance  their  powers  and  privileges,  to  impose  taxes  upon  them, 
to  revoke  their  licenses  and  generally  to  exercise  such  superintendence  over 
pawn-brokers  as  will  insure  fair  dealing  between  them  and  their  customers. 

SECTION  132.  MAY  LICENSE  THEATRICAL  COMPANIES— SHOWS 
—EXHIBITIONS— LIMIT  OF  LICENSE  FIVE  HUNDRED  DOLLARS.— 
The  said  Mayor  and  General  Council  shall  have  power  to  pass  such  ordi- 
nances as  they  may  think  proper  in  regard  to  granting  license  to  theatrical 
companies  or  performances,  or  for  shows,  or  for  other  exhibitions;  Provided,, 
the  price  to  be  paid  for  such  license  when  granted  shall  not  exccc'i  Jiv- 
hundred   dollars   for   each   performance   or   exhibition. 

SECTION  133.  MAY  LICENSE  SALE  OF  LAGER  BEER— LIMIT 
RETAIL  AND  WHOLESALE. — The  said  Mayor  and  Genera]  Council  shall 
have  full  power  and  authority  to  prohibit  the  selling  of  lager  beer,  or  other 
fermented  drinks,  without  the  obtaining  of  a  license  for  that  purpose; 
Provided,  the  owner  or  keeper  of  each  house  or  saloon  kept  for  that 
purpose  at  retail  shall  be  required  to  pay  the  sum  of  four  hundred  dollars 
for  license  for  one  year,  and  at  wholesale  shall  be  required  to  pay  the 
sum  of  five  hundred  dollars  for  license  per  annum. 

SECTION  134.  MAY  LICENSE  BILLIARD  TABLES— TEN-PIN  AL- 
LEYS—LIMIT OF  LICENSE  FIFTY  DOLLARS  PER  TABLE  OR  ALLEY. 

— They  shall   have  full   power  and  authority  to   license  billiard  tables  and 

42 


ten-pin  alleys,  and  all  billiard  tables  kept  or  used  for  the  purpose  of 
playing,  gaming,  or  renting,  and  all  ten-pin  alleys,  nine-pin  alleys,  or  alleys, 
of  any  kind,  which  are  kept  or  used  for  the  purpose  of  playing  on  with 
pins  or  balls,  or  either,  for  the  purpose  of  renting  the  same,  and  charge 
for  said  license  a  sum  not  exceeding  fifty  dollars  on  each  table,  alley,  or 
track. 

SECTION  135.  MAY  LICENSE  EETAIL  OR  ARDENT  SPIRITS-^ 
LIMIT  OF  LICENSE  TWO  THOUSAND  DOLLARS.— The  said  Mayor  and 
General  Council  shall  have  power  and  authority  to  regulate  the  retail  of 
ardent  spirits  within  the  corporate  limits  of  said  City,  and  at  their  dis^ 
cretion  to  issue  license  to  retail  or  to  withhold  the  same,  at  the  fixed  price 
of  two  thousand  dollars. 

SECTION  1.36.  SELLING  WITHOUT  LICENSE— PENALTY.— They 
shall  have  power  and  authority  to  pass  and  enforce  ordinances  providino 
for  the  punishment  of  persons  selling  spirituous,  malt,  or  other  intaxicating 
liquors  at  wholesale  or  retail  within  the  corporate  limits  of  said  City  without 
having  obtained  licenses  from  said  Mayor  and  General  Council,  or  for 
selling  such  liquors   after  the   expiration   or  revocation   of   such  licenses. 

SECTION  137.  MAY  REGULATE  WHOLESALE  OF  ARDENT  SPIR- 
ITS.— The  Mayor  and  General  Council  of  said  City  shall  have  the  powei 
and  authority  to  regulate  the  sales  of  liquors  at  wholesale  in  said  City,  and 
the  price  to  sell  liquors  at  wholesale  in  said  City  is  hereby  fixed  at  the 
sum  of  one  thousand  dollars. 

SECTION  138.  SANITARY  TAX— LIMIT  THREE  DOLLARS  PER 
LOT  PER  ANNUM.— The  Mayor  and  General  Council  of  said  City  are  hereby 
authorized  to  make  an  assessment  of  the  various  lots  of  land  and  lot 
owners  in  said  City  for  sanitary  purposes,  not  to  exceed  three  dollars  per 
annum  on  each  lot  assessed,  and  said  Mayor  and  General  Council  are 
hereby  authorized  and  empowered  to  collect  the  same  by  execution  against 
the  lot  so  assessed  and  the  owner  thereof;  the  amount  so  assessed  shall 
be  a  lien  on  the  lot  from  the  date  of  assessment.  The  executions  shall 
be  issued  and  enforced  in  the  same  manner  that  tax  executions  are  issued 
and  enforced  in  said  City.  The  amount  so  collected  shall  be  used  for 
sanitary  purposes   only.  ^ 


43 


SECTION  139.  WHAT  CONSTITUTES  A  LOT  FOR  SANITARY  TAX 
ASSESSMENT. — Said  Mayor  and  General  Council  shall  have  power  and 
authority  to  prescribe  what  shall  constitute  a  lot  for  sanitary  purposes  and 
assessment,  provided  no  lot  shall  be  less  than  twenty-five  feet  front; 
Provided,  that  this  assessment  shall  not  be  made  on  vacant  lots,  and 
resident  lots  shall  not  be  subdivided  for  assessment  except  where  the 
resident  lots  have  two  or  more  houses  used  or  intended  for  use  as  separate 
tenements  built  upon  them,  in  which  case  a  sanitary  assessment  may  be 
levied  against   the  lot  for  each  house   situated  thereon. 

SECTION  140.  TAXES— WHEN  DUE— HOW  COLLECTED— THREE 
INSTALLMENTS— EXECUTIONS— DISCOUNTS  ALLLOWED— INTER- 
EST.— The  taxes  due  the  City  of  Atlanta  on  the  real  estate  and  personal 
property  of  all  kinds  taxable  under  the  laws  of  C4eorgia,  and  the  Charter 
of  said  City,  shall  be  due  and  payable  in  three  installments  of  equal 
amounts  of  one-third  each,  the  first  installment  falling  due  on  April  loth, 
the  second  on  July  1st,  and  the  third  on  October  loth  of  each  year,  and 
on  these  dates  one-third  of  the  taxes  assessed  under  the  existing  provisions 
of  said  Charter  shall  be  due  and  payable  and  on  failure  to  pay  said  several 
installments  when  due,  same  shall  bear  interest  at  the  rate  of  seven  per 
cent  (7  per  cent.)  per  annum,  and  if  same  are  not  paid  on  or  before  the 
loth  of  October  of  each  year  execution  shall  issue  therefor  and  shall  be 
collected  as  now  provided.  A  discount  of  one  and  one-half  per  cent. 
(11/^  per  cent.)  will  be  allowed  upon  the  total  of  annual  taxes  if  paid 
on  the  date  when  the  first  installment  is  due,  as  herein  provided.  A  dis- 
count of  one  and  one-half  per  cent,  (l^/j  per  cent.)  will  be  allowed  upon  the 
last  installment  of  one-third  of  the  annual  taxes  if  same  is  paid  on  or 
before  the  time  fixed  for  the  payment  of  the  second  installment,  as  herein 
provided. 

SECTION  141.  STREET  TAX— WHEN  DUE— IF  UNPAID,  HOW 
ENFORCED. — The  commutation  tax  in  lieu  of  road  or  street  duty  provided 
for  in  said  Charter  shall  fall  due  with  the  second  installment  of  property- 
taxes  in  each  year,  and  in  case  of  failure  to  pay  such  commutation  tax, 
-execution  may  issue  and  be  enforced  as  from  the  16th  day  of  June  in  each 
year,  and  parties,  who  have  not  paid  said  commutation  tax.  and  who  are 
liable  to  road  duty,  may  be  compelled  to  work  the   streets  in  the   manner 

44 


provided  for  by  the  Charter  and  ordinances  of  the  City  of  Atlanta  at  any 
time  after  the  first  day  of  July  in  each  year. 

SECTION  142.  NO  SPECIAL  TAX  FOR  PUBLIC  SCHOOLS— HOW 
MAINTAINED. — No  special  tax  shall  be  levied  and  collected  for  school 
purposes  in  said  City,  but  the  expense  of  carrying  on  said  system  of  jsublic 
schools  shall  be  paid  out  of  the  City  Treasury  under  such  rules  as  may  be 
prescribed   by   ordinance. 

SECTION  143.  MAY  COVER  LICENSE  FEES  INTO  TREASURY.— 
The  Mayor  and  General  Council  are  further  authorized  in  their  discretion 
to  prescribe  and  collect  fees  for  the  issuing  of  business  licenses  or  execu- 
tions, either  or  both,  and  for  the  collection  of  executions,  and  to  provide- 
for  the  covering  of  all  such  fees  so  prescribed  and  collected  into  the- 
Treasury  of  said  City  as  the  property  of  the  City  of  Atlanta. 


CHAPTER  IX. 
CITY  ASSESSORS  AND  RECEIVERS. 

SECTION  144.  CITY  TAX  ASSESSORS— THEIR  ELECTION.— The 
Mayor  and  General  Council  shall  have  full  power  and  authority  to  elect  at 
the  same  time  the  other  City  officers  are  elected,  three  persons,  freeholders, 
residents  of  said  City,  as  City  Tax  Assessors  and  Receivers,  vpho  shall  hold 
their  office  as  prescribed  in  the  20th  Section  of  this  Act  (IST-J),  unless, 
removed  by  the  Mayor  and  General  Council  for  cause,  to  be  judged  of  by 
them. 

SECTION  145.  DUTIES  OF  THE  ABOVE  OFFICERS.— It  shall  be  the 
duty  of  said  Assessors  to  assess  the  value  of  all  real  estate  at  the  cash 
market  valuation,  within  the  corporate  limits  of  said  City,  and  to  make  a 
return  to  the  said  Mayor  and  General  Council,  as  provided  by  Section  35 
of  the  Act  of  1874,  and  the  Tax  Assessors  and  Receivers  of  said  City  shall 
enter  the  same  in  their  books  with  other  taxes,  and  the  same  shall  be  col- 
lected as  other  taxes  of  said  City. 

SECTION  146.  OATH  OF  OFFICE. — The  said  Assessors  and  Receivers,. 
before  they  enter  on  the  discharge  of  their  duties,  shall  take  and  subscribe 
an  oath  before  the  Mayor  faithfully  and  truly  to  assess  all  the  real  estate 

45 


within  the  corporate  limits  of  said  City,  and  to  return  such  assessment  to 
the  Mayor  and  General  Council  thereof,  with  the  names  of  the  owners 
thereof. 


CHAPTER  X.. 
COLLECTION   OF   TAXES. 


SECTION  147.  TAX  COLLECTOR— WHEN  AND  HOW  ELECTED.— 
There  shall  be  elected  by  the  people  at  the  same  time  the  other  City  officers 
are  elected  a  Tax  Collector  for  said  City,  who  shall  be  eleted  and  hold  his 
office,  as  prescribed  in  the  20th  Section  of  the  Act  of  1874,  unless  removed 
for  cause,  to  be  judged  of  by  the  Mayor  and  General  Council. 

SECTION  148.  OFFICE  DISTINCT  FROM  ASSESSORS  AND  RE- 
CEIVERS.—The  office  of  Tax  Collector  of  said  City  shall  be  separate  and 
distinct  from  that  of  Tax  Assessors  and  Receivers. 

SECTION  149.  DUTIES  OF  FTAX  COLLECTOR.— The  Tax  Collector 
shall  collect  the  tax  of  said  City  under  such  rules  and  regulations  as  may 
be  prescribed  by  ordinance,  and  shall  perform  such  other  duties,  in  connec- 
tion therewith  or  incident  thereto,  as  may  be  prescribed  by  ordinance,  not 
in  conflict  with  this  Act  and  the  Charter  of  said  City. 

SECTION  150.  ANY  OTHER  OFFICER  MAY  BE  REQUIRED  TO 
PERFORM  DUTIES  AS  PRESCRIBED  BY  ORDINANCE.— To  carry  out 
the  purposes  of  this  Act  (1889),  said  City  may  by  ordinance  require  of  any 
officer  of  said  City  the  performance  of  any  duty  deemed  necessary  or 
proper   thereto. 

SECTION  151.  TAX  COLLECTOR  SHALL  GIVE  BOND.— The  Tax  Col- 
lector  shall  give  bond  and  good  security,  to  be  fixed  and  judged  by  the 
said  Mayor  and  General  Council,  payable  to  the  City  of  Atlanta,  for  the 
faithful  discharge  of  his  duties. 

SECTION  152.  COMPENSATION  OF  TAX  COLLECTOR.— He  shall 
receive  for  his  services  such  compensation  as  the  Mayor  and  General  Coun- 
cil next  preceding  his  election  shall  prescribe,  which  shall  not  be  increased 
or  diminished  during  his  continuance  in  office.  (Vacancy  filled  by  Council 
as  in  case  of  other  offices). 

46 


SECTION  153.  OATH  OF  OFFICE.— Before  entering  upon  the  dis- 
'charge  of  his  duties  he  shall  take  and  subscribe  an  oath  before  sonae  officer 
authorized  to  administer  it,  to  faithfully  discharge  the  duties  of  his  office. 
His  duties  shall  be  prescribed  by  ordinance. 

SECTION  154.  FAILURE  OF  TAX-PAYERS  TO  RETURN— PEN- 
ALTY.— In  all  cases  of  failure  to  return  property,  real,  personal,  or  other- 
wise, for  taxation  by  the  loth  of  March  of  each  year,  a  penalty  of  ten 
per  cent,  shall  be  added  to  the  value  of  the  property  of  such  defaulting 
owners,  for  taxation,  ascertained  by  the  return  of  the  previous  year  or 
otherwise;  and  by  failure  to  return  by  the  15th  day  of  March  of  each  year, 
for  street,  railway,  or  capitation  tax,  the  penalty  shall  be  double  tax. 

SRCTION  155.  MAYOR  AND  GENERAL  COUNCIL  MAY  RELIEVE 
:rROM  PENALTY. — The  Mayor  and  General  Council  shall  have  power  to 
relieve  against  the  penalty  for  failure  to  return  within  the  time  provided, 
where  the  failure  and  omission  are  due  to  unavoidable  or  sufficient  cause. 

SECTION  156.  NOTICE  OF  CLOSING  TAX  BOOKS  PUBLISHED— 
INSERTIONS— HOW  MANY.— Notice  of  the  time  of  closing  the  books  for 
receiving  returns  shall  be  published  in  any  one  or  more  of  the  daily  papers 
of  said  City,  for  at  least  four  insertions,  between  the  1st  and  15th  of  March 
of  each  j^'ear,  and  oftener,  if  deemed  necessary  by  the  Mayor  and  General 
Council.  (Act  of  1896  changes  time  of  closing  books  for  tax  returns  to 
March   15). 

f 

SECTION  157.  CITY  TAX  DEEDS  ADMITTED  IN  EVIDENCE  LIKE 
STATE  TAX  DEEDS.— Deeds  made  by  the  City  of  Atlanta,  or  its  Mayor, 
or  its  Marshal,  pursuant  to  tax  sale  or  sales  under  executions  Issued  for  the 
collection  of  local  assessments,  shall  be  admissible  in  evidence  on  the  same 
terms  as  deeds  made  pursuant  to  sales  for  taxes  due  the  State  and  County; 
Provided,  that  it  shall  be  competent  for  parties  denying  the  validity  of  such 
tax  deeds  or  assessment  deeds  to  put  in  evidence  the  proceedings  prelim- 
inary to  the  execution  of  such  deeds.  The  purpose  of  this  Act  (1898)  is  to 
give  City  tax  deeds  and  City  assessment  deeds  the  same  prima  facie  force 
and  validity,  which  is  accorded  to  tax  deeds  made  by  officers  of  the  State 
;and  County. 


47 


CHAPTER   XI. 

CITY  MARSHAL. 

SECTION  158.  MARSHAL— HOW  ELECTED— WHEN.— There  shall  be- 
elected  by  the  Mayor  and  General  Council  at  the  same  time  the  Clerk  is 
elected,  a  Marshal,  who  shall  be  elected  and  hold  his  office  as  provided  in 
the  20th  Section  of  this  Act  (1874)  on  the  subject  of  elections  by  the 
Mayor  and  General  Council,  unless  removed  for  cause,  to  be  judged  of  by 
the   Mayor   and  General  Council.  • 

SECTION  159.  MARSHAL  ENTIRELY  DISTINCT  FROM  POLICE: 
FORCE. — He  shall  be  separate  and  distinct  from  the  police  force  of  the 
City. 

SECTION  160.  DUTIES  OF  MARSHAL.— It  shall  be  his  duty  to  col- 
lect or  levy  fi  fas  for  taxes  and  fi  fas  for  fines,  and  advertise  and  sell 
property  so  levied  on,  and  make  titles  to  purchasers,  and  put  them  in  pos- 
session of  the  property  so  sold  at  sales,  under  laws  governing  the  said 
Mayor  and  General  Council,  under  the  same  rules  and  regulations,  that 
govern  the  Sheriff  and  his  deputies  at  Sheriff's  sales. 

SECTION  161.  HE  SHALL  GIVE  BOND.— He  shall  give  bond  to  said 
City,  with  good  security,  for  the  faithful  discharge  of  his  duties.  . 

SECTION  162.  COMPENSATION.— He  shall  have  such  compensation 
and  perquisites  as  the  General  Council  shall  prescribe,  which  compensation 
shall  not  be  changed  during  his  term  of  office. 

SECTION  163.  MAY  FIX  A  SALARY  WITHOUT  PERQUISITES.— 
The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  the  power 
and  authority,  in  their  discretion,  to  fix  a  salary  for  the  Marshal  and  Clerk 
of  Council  of  said  City  (for  either  or  both)  instead  of  perquisites,  and  to 
cover  into  the  City  Treasury  of  said  City  any  and  all  fees  and  perquisites, 
which  may  by  law  or  ordinance  be  required  to  be  paid  into  the  offices  of 
Clerk  of  Council  and  Marshal  of  said  City,  or  either  of  said  offices,  for 
issuing  licenses,  permits,  executions,  making  levies  or  for  any  other  pur- 
pose whatever. 

SECTION  164.  MAYOR  AND  COUNCIL  MAY,  HOWEVER,  FIX  COM- 
PENSATION BY  PART  SALARY  AND  PART  PERQUISITES.— The  com- 
pensation of  said  Marshal  and  Clerk  of  Council,  or  either  of  them,  may  be- 

48 


fixed  in  part  by  salary  and  in  part  by  such  a  pro  rata  of  the  fees  and  per- 
quisites received  in  such  offices,  or  either  of  them,  as  may  be  provided  by 
said  Mayor  and  General  Council,  and  the  remainder  of  such  fees  and  per- 
quisites shall  be  covered  into  the  Treasury  of  said  City;  Provided,  that  noth- 
ing in  this  Act  contained  shall  prevent  the  Mayor  and  General  Council  of 
said  City  from  fixing  the  compensation  of  the  Marshal  and  Clerk  of  Council 
of  said  City,  or  either  of  them,  should  they,  in  their  discretion,  deem  it  to 

the  best  interest  of  said  City  so  to  fix  the  same. 

« 

SECTION  165.  OTHER  SERVICES  BY  MARSHAL.— He  shall  do  and 
perform  such  other  services  as  the  Mayor  and  General  Council  shall  pre- 
scribe by  ordinance. 

SECTION  166.  OFFICE  OF  MARSHAL  MAY  BE  CONTINUED  OR 
ABOLISHED. — The  said  Mayor  and  General  Council  are  also  hereby  empow- 
ered, after  the  termination  of  the  present  term  of  office  of  the  Marshal  of 
said  City,  to  either  continue  the  said  office  of  Marshal,  or  to  abolish  the 
same  in  the  discretion  of  said  Mayor  and  General  Council. 

SECTION  167.  IF  ABOLISHED,  WHO  ACTS.— In  the  event  of  its 
abolishment,  (the  said  Mayor  and  General  Council  are  also  empowered)  to 
confer  upon  the  Tax  Collector  of  said  City  the  powers  and  duties  of  such 
Marshal  with  reference  to  the  collection  of  executions,  whether  for  license 
tax,  general  tax,  or  assessments  for  street,  sidewalk,  sewer,  or  other  pnb!i<^ 

improvements. 

• 

SECTION  168.  SHALL  ACT  AS  CITY  INSPECTOR— HOW.— It  shall  be 
the  duty  of  the  Marshal  to  (also)  act  as  City  Inspector,  under  such  rules  and 
regulations  as  the  Mayor  and  General  Council  shall  prescribe,  who  shall  be 
empowered  to  enforce  the  State  laws  on  the  subject  of  weights  and  meas- 
ures, and  such  other  rules  and  requirements  as  are  not  in  conflict  with  the 
laws  of  this  State. 

SECTION  169.  WARRANTS,  EXECUTIONS,  ETC.,  BY  CLERK- 
DIRECTED  TO  MARSHAL. — All  warrants,  summonses,  precepts,  execu- 
tions, or  other  processes  issued  by  the  Clerk  of  the  City  Council  of  Atlanta 
shall  be  directed  to  the  Marshal  of  the  City  of  Atlanta. 

SECTION  170.— MARSHAL  AUTHORIZED  TO  TRANSFER  FI  FAS.— 
The  Marshal,  or  collecting  officer  of  said  City,  as  the  case  may  be,  shall  be 
authorized  to  transfer  and  assign  any  fi  fa  or  fi  fas  issued  for  street,  sewer, 

49 


or  other  assessments,  in  the  same  manner,  upon  the  same  terms,  and  to  the 
same  effect,  and  vesting  the  i)urchaser  or  transferee  with  the  same  rights 
as  in  cases  of  sales  or  transfer  to  tax  fi  fas,  as  now  allowed  by  law. 

SECTION  171.  OATH  OF  FOFriCE— HOW  ADMINISTERED.— Before 
entering  upon  the  discharge  of  the  duties  of  his  office,  he  shall  take  and 
subscribe  an  oath  before  some  officer  authorized  to  administer  it,  to  faith- 
fully discharge  the  duties  of  his  office. 


CHAPTER   XII. 
CITY  TREASURER— AUDITOR. 

SECTION  172.  TREASURER— HOW  ELECTED— WHEN.— There  shall 
\ye  elected  by  the  people  a  City  Treasurer,  who  shall  be  elected  and  hold  his 
office  as  prescribed  in  the  20th  Section  of  this  Act  (1874)  unless  removed  for 
cause,  to  be  judged  of  by  the  Mayor  and  General  Council.  (People  elect 
Treasurer  under  Act   of  1893.) 

SECTION  173.  DUTIES  OF  TREASURER.— He  shall  keep  a  book,  in 
which  he  shall  make  an  entry  of  all  sums  of  money  received,  and  shall  also 
make  an  entry  of  all  sums  of  money  paid  out,  and  shall  take  receipts  of  all 
sums  paid  out,  which  book  and  receipts  shall  be  subject  to  the  inspection  of 
the  Mayor  and  members  of  the  General  Council  of  said  City  at  such  times  as 
they,  or  either  of  them,  shall  think  proper. 

SECTION  174.  HE  SHALL  GIVE  BOND.— He  shall  give  a  bond  and 
security  in  the  amount  to  be  fixed  by  the  Mayor  and  General  Council  for 
faithful  discharge  of  the  duties  of  his  ofiiee. 

SECTION  175.  COMPENSATION.— (He  shall)  have  a  reasonable  salary 
to  be  fixed  by  the  Mayor  and  General  Council  the  year  next  preceding  his 
election,  which  shall  not  be  increased  or  diminished  during  his  continuance 
in  office. 

SECTION  176.  OATH  OF  OFFICE— HOW  ADMIN^STERED.— He 
shall  take  and  subscribe  an  oath  before  some  officer  authorized  to  administer 
it,  faithfully  to  discharge  the  duties  of  his  office.  (Vacancy  in  office  filled  by 
Council.— Act  1898). 

50 


SECTION  177.  LIABILITY  OF  SURETIES  ON  TREASURER'S 
IBOND. — The  liability  of  any  surety  or  sureties  on  the  bonds  of  the  Treasurer 
of  the  City  of  Atlanta  shall  be  the  same  as  that  of  the  sureties  on  the  bond 
■of  the  Treasurer  of  the  State  of  Georgia,  to-wit :  That  the  property  of  any 
such  surety  on  the  bond  of  such  City  Treasurer  shall  be  subject  to  a  lien  in 
favor  of  the  City  of  Atlanta  for  the  full  amount  of  such  Treasurer 's  bond 
from  the  date  of  the  execution  thereof. 

SECTION      178.  TREASURER'S     BOND— MINIMUM     AMOUNT- 

POWER  TO  INCREASE.— The  bond  of  the  Treasurer  shall  be  fixed  by  the 
General  Council  at  such  amount  as  in  their  judgment  may  be  sufficient,  in  no 
event  to  be  less  than  one  hundred  thousand  ($100,000.00)  dollars.  The  Gen- 
eral Council  shall  also  have  power  to  increase  the  bond  whenever  they  may 
deem  it  necessary  to  protect  the  interest  of  the  City. 

SECTION  179.  REGULATION  OF  DEPOSIT  OF  CITY'S  MONEYS- 
DEPOSITORIES— HOW  DESIGNATED.— The  deposits  of  moneys  in  the 
hands  of  the  Treasurer  of  the  City  of  Atlanta,  belonging  to  the  City  of 
Atlanta,  shall  be  regulated  as  follows:  Whenever  the  money  of  the  City  of 
Atlanta  in  the  hands  of  the  City  Treasurer  shall  exceed  the  sum  of  five  thou- 
sand ($5,000.00)  dollars,  such  money  shall  be  deposited  in  four  (4)  chartered 
banks  of  deposit  and  discount  of  said  City  in  as  nearly  equal  proportions  as 
may  be  practicable.  The  depositories  shall  be  designated  by  the  Mayor  and 
General  Council,  and  in  making  the  designation  regard  shall  be  had  to  the  rate 
of  interest  on  balances  of  deposits  offered  by  the  various  banks,  and  to  the 
amount  and  kind  of  security  tendered  by  said  banks,  with  the  purpose  on  the 
part  of  the  Mayor  and  General  Council  to  get  the  best  rate  of  interest  and 
the   best   security   for   the   money   deposited 

SECTION  180.  TREASURER  AND  SURETIES  NOT  LIABLE— WHEN. 
— The  Treasurer  and  his  sureties  shall  not  be  liable  on  his  bond  for  any  of 
such  moneys  while  on  deposit  as  aforesaid,  but  he  and  his  sureties  shall  be 
liable  on  his  bond  for  any  moneys  belonging  to  the  City  of  Atlanta  not  so 
deposited  under  direction  of  the  Mayor  and  General  Council. 

SECTION  181.  DEPOSITED  MONEYS— HOW  DRAWN.— Moneys  on 
deposit  as  aforesaid  shall  be  at  all  times  subject  to  be  drawn  out  on  warrant 
regularly  issued  by  the  Mayor  and  General  Council,  signed  by  the  Comptroller, 
to  pay  the  debts  or  current  expenses  of  the  City,  and  shall  likewise  be  sub- 

51 


ject  to  be  withdrawn  from  the  Bank  where  deposited  in  the  discretion  of  the 
Mayor  and  General  Council  at  a   regular  or  special  meeting. 

SECTION  182.  TEEASUEEE  CAN  WITHDEAW  FUNDS  ONLY  ON 
WAEEANTS. — The  Treasurer  of  said  City  shall  have  no  power  on  his  own 
motion  to  withdraw  any  of  the  funds  so  deposited,  but  can  only  do  so  upon 
warrants  regularly  issued  and  countersigned  as  aforesaid. 

SECTION  183.  FUBTHEE  CONDITIONS— EEGULATION  OF  DE- 
POSITS, ETC. — In  case  none  of  the  banks  of  the  city  make  reasonable  offers 
of  interest  and  security,  as  aforesaid,  or  a  .smaller  number  of  the  banks  than 
four  (4)  make  such  offers,  then  the  whole  subject  of  the  regulation  of  the 
deposits  of  the  moneys  belonging  to  the  City  shall  be  left  to  the  sound  dis- 
cretion of  the  Mayor  and  General  Council  in  oflSice  for -the  time  being.  The 
Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  full  power  to 
provide  by  necessary  ordinances  for  the  regulation  and  control  of  the  deposits 
of  funds  belonging  to  said  City  in  accordance  with  the  spirit  and  intent  of 
this  Act. 

SECTION  184.  SHALL  MAKE  ANNUAL  STATEMENT  AND  ESTI- 
MATE FOE  ENSUING  YEAE.— The  Treasurer  of  the  City,  at  the  close  of 
each  fiscal  year,  shall  make  a  full  tabular  statement  of  the  assets  and  re- 
sources of  the  City,  with  an  itemized  estimate  of  the  probable  and  necessary 
expense  for  the  ensuing  year,  which  shall  be  published. 

SECTION  185.  AUDITOE— (This  office  has  been  vacant  since  the  crea- 
tion of  the  office  of  Comptroller)— HOW  ELECTED— WHEN.  The  Mayor 
and  General  Council  may,  at  their  discretion,  at  the  same  time  the  other  City 
Oificers  are  elected,  elect  an  Auditor,  who  shall  hold  his  office  as  provided  in 
the  20th  Section  of  this  Act  (1874),  unless  removed  for  cause,  to  be  judged 
of  by  the  Mayor  and  General  Council. 

SECTION  186.  DUTIES  OF  AUDITOE.— He  shall  examine  quarterly  the 
books,  papers,  and  accounts  of  all  the  City  Officers,  through  whose  hands 
money  may  pass,  and  to  make  a  written  report  to  the  Mayor  and  General 
Council  as  to  the  correctness  of  saicl  accounts. 

SECTION  187.  GENEEAL  COUNCIL  NOT  BELIEVED  OF  EXAMIN- 
ING ACCOUNTS  BY  ELECTION  OF  AN  AUDITOE.— The  election  of  an 
auditor,  with  the  duties  above  set  forth,  shall  not  relieve  the  members  of  the 

52 


General  Council  of  the  responsibility  of  examining  into  all  accounts  for  and 
against  the  City,  and  into  the  reports  of  the  City  officers. 

SECTION  188.  COMPENSATION.— He  shall  receive  such  salary  as  may 
be  voted  him  by  the  General  Council  next  preceding  his  election,  which  shall 
not  be  increased  or  diminished  during  the  term,  for  which  he  was  elected. 

SECTION  189.  AUDITOR  MAY  BE  REMOVED— CAUSE.— The  Audi- 
tor may  be  removed  at  any  time  for  malpractice  in  office,  or  for  incompe- 
tency. 


CHAPTER  XIII. 
FINANCE. 


SECTION  190.  FINANCIAL  CONDITION— HOW  ASCERTAINED— 
WHEN.— For  the  purpose  of  enabling  Councilmen  and  Aldermen  to  know  at 
all  times  the  true  financial  condition  of  the  City,  the  Comptroller  shall  prepare, 
and  the  Clerk  of  Council  shall  read  and  enter  upon  the  minutes,  at  the 
opening  of  each  regular  session,  a  balance  sheet,  showing  the  gross  revenue  of 
the  fiscal  year,  and  expenses  voted  by  Council  up  to  that  time,  as  also  the 
amount  of  the  said  several  sums  estimated  as  aforesaid,  and  what  part  of 
the  same  has  been  up  to  that  time  appropriated,  and  what  part  remains 
unappropriated. 

SECTION  191.  RECEIPTS  AND  EXPENDITURES  SHOWN  IN  DE- 
TAIL BY  COMPTROLLER'S  BOOKS.— The  books  kept  by  the  Comptroller 
of  the  City  of  Atlanta  shall  be  kept  in  such  manner  as  to  show  in  detail  the 
receipts  and  expenditures  of  each   Department   of  the   City  Government. 

SECTION  192.  ASSESSMENT  OF  CITY  PROPERTY.— The  said  Mayor 
and  General  Council  shall  make  or  cause  to  be  made  an  early  assessment  on 
City  property,  which  assessment  shall,  in  all  cases,  be  made  at  the  cash  market 
valuation  of  the  same,  so  that  the  return  of  the  assessors  can  be  completed 
and  handed  in  by  the  first  day  of  February  of  each  year,  and  to  open  books 
to  receive  returns  for  taxation  on  the  first  day  of  February  each  year,  and  to 
close  their  books  for  receiving  returns  on  the  fifteenth  day  of  March  in  each 

year. 

53 


SECTION  193.  ESTIMATE  OF  INCOME  AFTER  ASSESSORS'  RE-. 
TURN— WHEN  MADE— HOW.— Upon  the  return  of  the  assessors  being 
handed  in,  as  above  provided,  the  said  Mayor  and  General  Council,  at  the  first 
regular  meeting  in  June  thereafter  (1899),  shall  cause  an  estimate  to  be  made 
up  and  entered  on  the  minutes,  showing  the  gross  amount  of  the  income  of 
the  City  for  the  fiscal  year,  ascertained  by  assessment  of  a  tax  not  exceeding 
one  and  one-fourth  per  cent,  on  the  taxable  property  of  the  City,  and  a  reason- 
able estimate  of  the  other  taxes  and  sources  of  revenue. 

SECTION  194.  APPROPRIATION  OF  REVENUE.— And  shall  appor- 
tion and  set  apart  the  same  to  such  departments  and  to  such  number  of  de- 
partments or  heads  as  may  be  deemed  requisite  and  as  shall  be  provided  by 
ordinance,  and  the  name,  number,  and  order  of  departments  or  heads  for 
appropriations  may  be  changed  by  ordinance;  which  several  sums  taken  in 
the  aggregate  shall  not  exceed  the  amount  of  income  from  all  sources  for 
the  year  in  question. 

SECTION  195.  APPROPRIATIONS  MAY  BE  VARIED— WHEN.— The 
annual  appropriations,  as  made  by  the  Council,  may  be  varied  as  to  the 
amount  distributed  to  the  several  heads  at  the  first  meeting  held  in  October; 
these  variations  not  to  retroact  on  expired  quarters,  and  not  to  enlarge  in 
any  manner  the  aggregate  appropriations  for  the  year. 

SECTION  196.  APPROPRIATIONS— HOW  MADE.— No  money  shall  be 
appropriated  from  the  City  Treasury,  except  by  resolution  of  the  Council  and 
Aldermen,  as  herein  provided,  vphich  shall  be  void,  unless  it  specifies  upon  its 
face  upon  which  of  said  funds  it  is  drawn. 

SECTION  197.  EXCEEDING  LIMIT  01'  APPROPRIATION— PEN- 
ALTY.— The  said  Mayor  and  members  of  Council  and  Aldermen  shall  be  in- 
dividually liable  to  the  City  for  the  refunding  of  any  amounts  appropriated 
or  expenses  incurred  in  excess  of  said  limits,  when  present  at  the  voting  of 
the  same — except  such  of  them  as  escape  such  liability  by  calling  the 
yeas  and  nays,  and  voting  in  the  negative,  and  name  entered  on  the  minutes. 

SECTION  198.  PENALTY— HOW  ENFORCED.— The  amount  thereof 
will  be  recovered  in  an  action  brought  in  any  of  the  Courts  of  this  State  hav- 
ing jurisdiction  thereof,  in  the  name  of  the  Clerk  of  the  Council,  for  the 
use  of  the  City. 

54 


SECTION  199.     CLERK'S  COMPENSATION  FOR  BRINGING  SUIT.— 

Ten  per  cent,  of  the  recovery  shall  be  his  (the  Clerk's)   compensation. 

SECTION  200.  FAILURE  OF  CLERK  TO  BRING  SUIT— PENALTY. 
— If  he  fail  to  bring  said  action  within  ten  days,  the  said  sums  may  be  re- 
covered of  him  and  his  bondsmen,  at  the  suit  of  any  citizen. 

SECTION  201.  NO  SETTLEMENT  WITHOUT  JUDGE'S  CONSENT, 
WITH  ENTRY  ON  MINUTES.— No  action  brought  under  this  Section,  or 
right  of  action,  shall  be  settled  without  the  consent  of  the  Judge  before  whom 
such  suit  is  pending,  upon  exhibit  of  aU  the  facts,  and  such  consent  entered 
on  the  minutes. 

SECTION  202.  ANNUAL  EXPENSE  RESTRICTED  TO  INCOME.— 
The  annual  expense  of  the  City  of  Atlanta  shall  be  so  restricted  as  not  to 
exceed  the  annual  income  of  the  City,  after  paying  interest  on  its  bonds  and 
floating  debt,  and  one-half  of  the  tax  on  real  estate  be  first  set  aside  for  the 
payment  of  this  floating  debt,  until  all  is  paid.  (Latter  clause  obsolete,  be- 
cause debt  has  been  funded.) 

SECTION  203.  CAN  'T  BORROW,  EXCEPT  AS  HEREIN  ALLOWED.— 
No  Council  or  General  Council  shall  be  allowed  to  borrow  any  money,  except 
as  may  be  necessary  to  meet  the  present  floating  debt,  or  in  carrying  tempor- 
ary balances  on  same,  and  every  contract  for  borrowed  money  other  than 
herein  allowed,  shall  be  void.  The  Mayor  and  Council,  or  Mayor  and  General 
Council,  shall  have  full  power  and  authority,  in  their  discretion,  to  negotiate 
loans  on  the  most  advantageous  terms  to  the  City,  for  the  first  and  second 
quarter,  to  supply  and  make  up  any  deficiency  that  may  exist,  of  the  funds 
in  the  Treasury,  for  the  purpose  of  paying  the  expenses  of  the  City,  which 
may  be  incurred  under  the  several  heads  hereinafter  mentioned,  in  any 
amount  not  exceeding  $400,000,  and  not  exceeding  the  amounts  set  apart  under 
each  head  for  the  year  in  question. 

SECTION  204.  LOANS  TO  BE  RETURNED— WHEN— IN  TOTAL  OR 
PARTIAL  PAYMENTS— ALL  TO  BE  PAID  OUT  OF  THE  SAME  YEAR'S 
INCOME. — As  soon  as  an  amount  equal  to  the  amount  so  borrowed  is  paid 
into  the  Treasury  by  taxation,  or  from  other  sources  of  revenue,  not  already 
applied  to  other  debts  or  liabilities  of  said  City,  the  said  Mayor  and  Council, 
or  Mayor  and  General  Council,  shall  at  once  apply  the  same,  or  as  much  as 
may  be  necessary,  to  the  repayment  of  said  loans,  or  said  Mayor  and  Council, 

55 


or  Mayor  and  General  Council,  shall  be  authorized  in  their  discretion  to  make 
partial  payments  upon  said  loans  with  any  moneys  that  may  come  into  the 
Treasury  from  time  to  time,  under  the  restrictions  herein  provided.  In  either 
case  the  total  amount  of  said  loans  shall  be  repaid  out  of  the  income  of  the 
year,  in  which  said  loans  were  made. 

SECTION  205.  TEMPORARY  LOANS— LIMIT  OF— HOW  TO  BE  RE- 
PAID.—The  Mayor  and  General  Council  of  Atlanta  shaU  have  power  and 
authority  to  borrow  money  by  making  temporary  loans  of  not  exceeding  four 
hundred  thousand  dollars  in  any  one  year,  the  sum  or  sums  so  borrowed  to  be 
repaid  out  of  the  income  of  the  City  for  the  year,  in  which  the  loan  or  loans 
were  made,  and  before  the  expiration  of  the  year,  in  which  the  same  was 
borrowed,  this  authority  to  be  in  lieu  of  authority  heretofore  granted  to 
borrow  smaller  sums. 

SECTION  206.  WHEN  CONTRACTS  ARE  VOID— INDIVIDUAL  LIA- 
BILITY—WHEN—HOW ENFORCED.  All  contracts  entered  into  by  said 
Council,  contrary  to  this  Act  (1874),  for  the  purpose  of  raising  money,  or 
otherwise  engaging  the  credit  of  said  City,  shall  be  null  and  void  as  to  saia 
City,  but  the  said  Mayor,  if  he  approve,  and  all  members  of  the  Council,  or 
General  Council,  present  and  voting,  who  fail  to  record  their  votes  against 
such  measure  or  contract,  shall  be  jointly  and  severally  liable  thereon,  as  upon 
their  own  contracts,  which  may  be  enforced  against  such  Mayor  and  members 
of  Council,  or  General  Council,  in  any  Court  of  this  State  having  jurisdiction 
thereof. 

SECTION  207.  MAY  CREATE  A  SINKING  FUND  FOR  CITY  HALL. 
— The  Mayor  and  General  Council  of  said  City  in  their  discretion  are  hereby 
aluthorized  to  create  a  sinking  fund  from  the  taxes  and  other  incomes  of  said 
City,  to  provide  a  fund  for  the  purchase,  or  acquiring  of  a  site  by  condemna- 
tion proceedings,  for  a  City  Hall  building,  and  for  the  erection  of  a  City  Hall 
building.  The  amount  to  be  paid  into  such  fund  each  year  shall  be  such  as 
may  be  prescribed  by  the  Mayor  and  General  Council  by  ordinance. 

SECTION  208.  MAY  PURCHASE  CITY  HALL  OR  SITE— PAY  IN 
FULL  OR  IN  INSTALLMENTS.— The  Mayor  and  General  Council  of  At- 
lanta are  hereby  also  authorized,  in  their  discretion,  to  purchase  a  site  and 
building,  or  a  site  only,  for  a  City  Hall,  and  to  pay  for  the  same  in  five  or 
more  annual  installments. 

56 


SECTION  209.  MAY  PURCHASE  PIEDMONT  PARK— PRICE— IN- 
STALLMENTS.— The  Mayor  and  General  Council  of  the  City  of  Atlanta  are 
hereby  authorized,  in  their  discretion,  to  purchase  the  property  known  as 
Piedmont  Park  for  park  purposes  at  a  price  not  exceeding  one  hundred  and 
sixty  thousand  ($160,000.00)  dollars,  and  to  pay  for  same  in  such  annual  in- 
stallments, and  through  such  a  number  of  years,  as  may  be  deemed  best  by  said 
Mayor  and  General  Council. 

SECTION  210.  MAY  RENT  SUITABLE  MARKET  HOUSE  OR 
HOUSES— TERM  AND  RENT  LIMITED.— The  Mayor  and  General  Council 
are  hereby  authorized  to  rent  or  lease  from  any  party,  who  may  build  a 
suitable  market  house  or  houses  in  the  City  of  Atlanta,  for  a  term  not  exceed- 
ing fifteen  years,  at  a  rate  of  rental  not  to  exceed  eight  per  cent,  on  the  in- 
vestment, and  are  hereby  authorized  to  make  such  ordinances  as  are  necessary 
and  proper  to  protect  the  City  in  said  lease. 

SECTION  211.  MAY  PURCHASE  MARKET  HOUSE— TIME— COST.— 
The  City  of  Atlanta  is  hereby  authorized  to  purchase  said  market  or  markets 
at  any  time  during  said  fifteen  years  at  original  cost  of  said  market  property. 

SECTION  212.  MAY  EXPEND  ENTIRE  RECEIPTS— PROVISO.— Said 
Mayor  and  General  Council  are  hereby  authorized  to  expend  and  use  any  ex- 
cess in  the  receipts  of  the  City  for  any  year  over  the  amount  appropriated 
for  such  year;  Provided,  that  such  expenditure  shall  in  no  case  exceed  the 
actual  cash  receipts  for  such  year. 


CHAPTER  XIV. 
CITY  BONDS. 


SECTION  213.  MAY  ISSUE  REDEMPTION  BONDS— TO  RETIRE 
FUNDING  BONDS— LIMIT  OF  INTEREST  RATE.— The  Mayor  and  Gen- 
eral Council,  with  the  concurrence  of  the  Aldermanic,  Board  of  the  City  of 
Atlanta,  are  hereby  authorized  to  cause  the  issue  of  new  coupon  bonds  of 
said  City  to  meet  and  retire  the  securities  of  said  City,  known  as  the  six  per 
cent,  funding  bonds,  as  the  several  installments  of  same  shall  hereafter,  from 
time  to  time,  mature  and  fall  due,  beginning  with  the  next  installment 
amounting  to  twenty-five  thousand  dollars,  which  falls  due  on  the  first  day  of 

57 


January,  1897.  Said  new  coupon  bonds  to  be  in  such  form,  to  run  for  suchi 
length  of  time,  and  to  bear  such  rate  of  interest  (not  exceeding  four  and 
one-half  (4i/4)  per  centum  per  annum)  as  the  said  Glty  Government  may 
direct,  and  the  proceeds  to  be  applied  only  for  the  purpose  of  paying  off 
and  retiring  said  series  of  six  per  cent,  funding  bonds  above  described. 

SECTION  214.  MAY  REFUND  ALL  MATURING  BONDS— TO  RE- 
TIRE MATURING  BONDS— LIMIT  OF  INTEREST  RATE.— The  Mayor 
and  General  Council  of  said  City  are  hereby  authorized  and  empowered  to 
cause  the  issue  of  new  coupon  bonds  of  said  City  to  meet  and  retire  all  bonds 
of  said  City  now  outstanding  as  the  several  installments  thereof  shall  here- 
after, from  time  to  time,  mature  and  fall  due;  said  new  coupon  bonds  to  be 
in  such  form,  to  run  for  such  length  of  time,  and  to  bear  such  rate  of  interest,, 
not  exceeding  four  and  one-half  per  centum  per  annum,  as  the  said  Mayor 
and  General  Council  may  direct,  and  the  proceeds  to  be  applied  only  for  the 
purpose  of  paying  off  and  retiring  any  bonds  of  said  City  now  outstanding  as 
the  same  mature. 

SECTION  215.  MAY  REFUND  MATURING  BONDS  IN  BONDS- 
BEARING  LOWER  INTEEEST.— The  Mayor  and  General  Council  of  said 
City  of  Atlanta  are  hereby  authorized  and  empowered  to  issue  new  coupon 
bonds  of  said  City  to  run  for  such  length  of  time,  to  be  of  such  denominations, 
and  to  bear  such  rate  of  interest  not  to  exceed  four  and  one-half  (41/^)  per 
centum  per  annum  as  said  Mayor  and  General  Council  may  direct.  The  bonds, 
hereby  authorized  may  be  issued  from  time  to  time  as  outstanding  unmatured 
bonds  of  said  City,  bearing  a  higher  rate  of  interest,  can  be  obtained  by  pur- 
chase or  exchange  for  said  new  issue  of  bonds,  on  terms  satisfactory  to  said 
Mayor  and  General  Council.  The  bonds  authorized  to  be  issued  under  this 
Section  shall  be  issued  only  as  outstanding  bonds  of  said  City,  as  above,, 
of  the  same  amount  of  principal,  are  retired  by  purchase  with  the  proceeds  of 
said  new  bonds,  or  by  exchange  for  new  bonds  as  aforesaid,  and  said  new 
bonds,  or  the  proceeds  thereof,  shall  be  used  for  the  retiring,  as  aforesaid,, 
of  bonds  of  said  City  bearing  a  higher  rate  of  interest  than  the  new  bonds 
authorized  by  this  Section;  and  in  no  event  shall  the  amount  of  bonds  issued 
for  this  purpose  at  any  time  exceed  the  amount  of  outstanding  higher  interest 
rate  bonds  retired  by  purchase  with  the  proceeds  or  by  exchange  for  such, 
new  bonds. 

58 


SECTION  216.  NO  BONDS  TO  BEAE  HIGHER  RATE  OF  INTEREST 
THAN  MATURING  BONDS.— No  bonds  issued  by  the  Mayor  and  General 
Council  of  the  City  of  Atlanta,  to  meet  maturing  and  outstanding  bonds 
shall  bear  a  higher  rate  of  interest  than  such  maturing  bonds. 

SECTION  217.  MAY  REGULATE  REGISTRATION  OF  BONDS.— The 
Mayor  and  General  Council  of  said  City  of  Atlanta  are  hereby  authorized  and 
empowered  to  provide  for  and  regulate  the  registration  of  bonds  of  said  City 
with  the  Treasurer  of  said  City,  in  as  full  and  ample  manner  as  is  provided 
by  the  laws  of  this  State  for  the  registration  of  bonds  of  this  State.  Said 
Mayor  and  General  Council  shall  have  the  power  to  prescribe  the  manner, 
in  which  bonds  of  said  City,  which  have  been  registered,  may  be  transferred 
or  negotiated. 

SECTION  218.  MAY  ISSUE  REGISTERED  BONDS— LIEU  OF  COU- 
PON BONDS— REGISTERED  BONDS  HAVE  NO  COUPONS— TRANSFER- 
ABLE ON  TREASURER'S  BOOKS.— Said  Mayor  and  General  Council  may 
provide  for  the  issuing  of  registered  bonds  of  said  City,  in  lieu  of  any  bonds 
authorized  to  be  issued  in  pursuance  of  this  Act  (1889),  and  in  lieu  of  any 
coupon  bonds  of  said  City  heretofore,  or  that  may  hereafter  be  issued  by  said 
City.  Said  registered  bonds  shall  be  similar  in  all  respects  to  the  bonds 
authorized  to  be  issued  by  said  City  under  the  Acts  respectively  authorizing 
the  issue  of  the  same,  EXCEPT,  that  registered  bonds  under  this  Section 
of  this  Act  shall  not  be  coupon  bonds,  and  the  principl'^  and  the  interest  shall 
be  payable  only  at  the  Treasury  of  said  City.  Said  bonds  registered  under 
and  by  virtue  of  this  Section  shall  be  transferable  on  the  books  of  the  Treas- 
urer of  said  City,  in  the  manner  in  substance  provided  for  the  transfer  of  the 
bonds  of  the  State  of  Georgia,  authorized  to  be  registered  by  the  third  Sec- 
tion of  an  Act  approved  September  5,  1887,  and  which  Act  provided  for  the 
issue,  registration,  etc.,  of  the  bonds  of  the  State  o±  Georgia, 

SECTION  219.  GUARDIANS  AND  TRUSTEES  MAY  INVEST  IN 
CITY  BONDS. — Any  guardian  or  Trustee,  in  his  discretion,  may  invest  any 
funds  of  his  ward  or  cestui  que  trust  in  his  hands  in  bonds  of  said  City  of 
Atlanta,  in  the  same  manner  and  to  the  same  extent  as  such  funds  may  be 
invested  in  stocks,  bonds,  and  other  securities  of  the  State  of  Georgia. 


59 


CHAPTER  XV. 
CITY  COMPTROLLER. 

SECTION  220.  CITY  COMPTROLLER— OFFICE  OF  CREATED.— The 
•office  of  City  Comptroller  of  said  City  is  hereby  created. 

SECTION  22L  CITY  COMPTROLLER— HOW  ELECTED.— The  City 
Comptroller  shall  be  elected  by  the  Mayor  and  the  General  Council,  the  next 
election  of  these  Officers  (Marshal  and  Comptroller)  to  be  had  on  the  first 
Monday  in  October,  1904,  but  their  terms  of  office  to  begin  on  the  first  Mondav 
in  January,  1905. 

SECTION  222.  TERM  OF  OFFICE.— The  term  of  office  of  the  City 
■Comptroller  shall  be  three  (3)  years,  and  the  one  next  to  be  elected  (as  pro- 
vided in  above  Section)  shall  serve  for  the  term  of  three  (3)  years  under  the 
same  duties  and  regulations  as  now  otherwise  provided  by  law.  All  subsequent 
elections,  except  to  fill  vacancies,  shall  be  for  a  term  of  three  years,  unless 
sooner  removed  by  the  Mayor  for  cause. 

SECTION  223.  DUTIES  OF  COMPTROLLER.— The  duties  of  said  City 
Comptroller  shall  be  such  as  are  now  or  from  time  to  time  may  be  prescribed 
by  ordinance  of  said  City.  Said  City  of  Atlanta  shall  have  power  to  devolve 
upon  the  City  Comptroller  any  duty  or  authority  now  and  heretofore  devolv- 
ing upon  any  other  officer  of  said  City  or  charter  or  law,  whenever  the  Mayor 
and  General  Council  may  deem  it  necessary  or  proper. 

SECTION  224.  HE  SHALL  GIVE  BOND.— He  shall  give  bond  in  such 
sum  as  may  be  prescribed  by  ordinance,  with  security,  subject  to  approval  by 
the  Mayor,  conditioned  for  the  faithful  performance  of  his  duties. 

SECTION  225.  COMPENSATION.— He  shall  receive  such  salary  as  may 
be  prescribed  by  the  Mayor  and  General  Council,  which  salary  may  be  in- 
creased during  his  present  or  future  term  of  office. 

SECTION  226.  KEEPS  CITY  ACCOUNTS  WITH  ALL  DEPART- 
MENTS—APPORTIONMENT OF  REVENUE  FOR  CONVENIENCE  OF 
COMPTROLLER— HEADS  OF  APPROPRIATIONS.— To  enable  the  City 
Comptroller  to  keep  a  general  set  of  books  for  said  City,  and  to  keep  regular 
and  correct  accounts,  showing  the  financial  transactions  of  said  City,  sepa- 
rately and  under  proper  heads,  with  all  persons  and  City  officers,  who  may 
have  money  transactions  with  said  City,  and  to  enable  a  complete  system  of 

60 


checks  and  balances  to  be  provided  for  said  City,  said  City  may  by  ordinance- 
provide  for  the  apportionment  of  the  revenue  or  income  of  the  City  each  year^ 
to  snch  departments  or  heads,  and  to  such  number  of  departments  or  heads,, 
as  may  be  deemed  requisite,  instead  of  to  Departments  or  heads  heretofore 
provided  by  charter  of  said  City  in  Section  35  thereof  (Act  1874),  and  else- 
where therein ;  and  said  City  may  by  ordinance  change  the  name,  number,  and 
order  of  departments  or  heads  for  appropriations  heretofore  provided;  but 
all  the  other  financial  provisions  of  the  charter  and  amendments  thereto  of 
said  City  are  continued  in  force,  except  as  changed  by  this  Act.      (1889.) 

SECTION  227.  COMPTROLLER  MAY  REQUIRE  EVIDENCE  OF 
JUSTICE  ,0F  CLAIMS. — Whenever  a  warrant  or  claim  shall  be  presented  to 
the  City  Comptroller,  he  shall  have  power  to  require  evidence  that  the  amount 
claimed  is  justly  due,  and  for  that  purpose  may  summon  before  him  any  offi- 
cer, agent,  or  employee  of  any  department  of  said  City,  or  any  other  person, 
and  examine  him  upon  oath  or  affirmation,  relative  to  such  warrant  or  claim,, 
and  may  require  the  production  of  books  and  papers  to  be  used  as  evidence 
before  him. 

SECTION  228.  BOOKS  SHALL  SHOW  IN  DETAIL  RECEIPTS  AND 
EXPENDITURES  OF  EACH  DEPARTMENT.— The  books  kept  by  the- 
Comptroller  of  the  City  of  Atlanta  shall  be  kept  in  such  manner  as  to  show 
in  detail  the  receipts  and  expenditures  of  each  Department  of  the  City  Gov- 
ernment. 


«il 


CHAPTER  XVI. 

DEPARTMENT  OF  WATERWORKS— BOARD  OF  WATER 
COMMISSIONERS. 

SECTION  229.  WATER  COMMISSIONERS— CONTINUED  IN  OF- 
FICE.— By  reason  of  the  inadequate  supply  of  water  in  said  City,  for  extin- 
guishing fires,  and  for  domestic  and  sanitary  purposes,  and  for  the  purpose  of 
supplying  said  deficiency,  the  Board  of  Water  Commissioners  as  now  estab- 
lished by  law,  shall  be  continued  as  hereinafter  provided. 

SECTION  230.  ONE  COMMISSIONER  FROM  EACH  WARD.— One  of 
said  Commissioners  shall  be  elected  (by  the  Mayor  and  General  Council)  from 
each  of  the  nine  wards  of  said  City. 

SECTION  231.  ELECTION  IN  1887— TERMS  OF  MEMBERS  ELECT- 
ED.— At  the  second  regular  meeting  of  the  Mayor  and  Council  of  the  City  of 
Atlanta  in  December,  1887,  said  body  shall  elect  seven  (now  eight)  Water 
Commissioners  for  said  City.  The  terms  of  the  members  first  elected  under 
this  Act  shall  be  as  follows :  Those  elected  from  the  First  and  Second  Wards 
shall  hold  their  offices  for  a  term  of  one  year;  those  elected  from  the  Third 
and  Fourth  Wards  shall  hold  their  offices  for  a  term  of  two  years,  and  those 
elected  from  the  Fifth  and  Sixth  Wards  shall  hold  their  offices  for  a  term  of 
three  years. 

SECTION  232.  SUBSEQUENT  ELECTIONS— TERMS  OF  MEMBERS 
ELECTED— IF  VACANCY,  HOW  FILLED.— At  all  subsequent  elections,  ex- 
cept to  fill  vacancies,  the  members  shall  be  elected  for  a  term  of  three  years 
each,  and  on  the  expiration  of  a  term,  or  the  existence  of  a  vacancy  a  member 
shall  be  elected  from  the  Ward  in  which  the  same  occurs. 

SECTION  233.  WHEN  TERMS  BEGIN— IF  VACANCY,  ELECTION 
FILLS  UNEXPIRED  TERM.— The  terms  of  office  of  all  members  of  said 
Board  shall  commence  on  the  first  day  of  January  following  their  election, 
except  in  cases  of  elections  to  fill  vacancies.  In  the  latter  case  elections  shall 
be  for  the  unexpired  term. 

SECTION  234.  MAYOR  AND  CHAIRMAN  OF  WATERWORKS  COM- 
MITTEE EX-OFFICIO  MEMBERS  OF  BOARD.— The  .Mayor  of  said  City 
and  the  Chairman  of  the  Committee  on  Waterworks   of  the  General  Council 

62 


of  said  City  shall  each  be  ex-officio  a  member  of  the  Board  of  Water  Com- 
missioners of  said  City,  and  said  eight  members  above  provided  for,  together 
with  said  Mayor  and  Chairman  of  the  Committee  on  Waterworks,  shall  consti- 
tute the  Board  of  Water  Commissioners  of  said  City. 

SECTION  235.  VACANCY—HOW  FILLED— TERM.— Whenever  a  va- 
cancy occurs  by  death,  resignation,  or  otherwise,  it  shall  be  filled  by  the 
Mayor  and  General  Council  for  the  balance  of  the  term. 

SECTION  236.  OATH  OF  OFFICE. — The  said  Board  of  Commissioners 
shall  take  and  sulascribe  the  oath  administered  to  the  Mayor  and  members 
of  the  General  Council. 

SECTION  237.  ELECT  THEIR  OWN  PRESIDENT— WHEN.— Said 
Board  of  Water  Commissioners  shall  choose  from  their  number,  annually, 
one  as  a  President  of  said  Water  Board. 

SECTION  238.  QUORUM.— A  majority  of  said  Board  shall  constitute  a 
■quorum  for  the  transaction  of  business. 

SECTION  239.  SHALL  KEEP  RECORD  OF  ACTS  AND  DOINGS- 
MAKE  REPORTS— WHEN— SUBJECT  TO  EXAMINATION— WHEN.— 
(Said  Board)  shall  keep  a  record,  in  books  to  be  kept  for  that  purpose,  of 
the  acts  and  doings  of  said  Board,  a  full  report  of  which  shall  be  made  annu- 
ally to  the  Mayor  and  General  Council  of  said  City,  and  the  books  of  said 
Board  shall  be  subject  to  examination  at  any  time  by  persons  authorized  to 
do  so  by  the  Mayor  and  General  Council. 

SECTION  240.  LEGAL  ACTS  BIND  CITY.— All  contracts  and  engage- 
ments, acts  and  doings  of  said  Board,  within  the  scope  of  their  duty  or  author- 
ity, shall  be  obligatory  upon,  and  be  in  law  considered  as  if  done  by  the  Mayor 
and  General  Council  of  the  City  of  Atlanta ;  and  the  said  City  of  Atlanta,  and 
all  the  real  estate  within  the  City  of  Atlanta,  shall  be  liable  for  the  payment 
of  the  principal  and  interest  that  may  become  due  on  the  bonds  to  be  issued 
by  virtue  of  this  Act.     (Obsolete.) 

SECTION  241.  MEMBERS  MAY  BE  REMOVED  FOR  CAUSE— WHEN 
— HOW. — The  Mayor  and  General  Council  of  the  City  of  Atlanta,  may,  at  any 
time,  remove  any  member  of  said  Board;  Provided,  it  shall  satisfactorily  ap- 
pear, after  reasonable  notice  to  the  parties,  and  hearing  the  cause  of  complaint 
and  answer  thereto,  if  any  should  be  offered,  that  the  member,  whose  removal 

68 


is  sought,  has  been  guilty  of  maladministration  or  neglect  of  the  duties  of  iiis- 
office,  that  his  removal  will  be  right  and  proper,  and  two-thirds  of  the  members 
elected  to  said  Council  shall  concur  in  such  removal. 

SECTION  242.  POWERS  OF  BOARD— HOLDING  PROPERTY  FOR 
CITY— CONSTRUCTION  OF  AQUEDUCTS— LAYING  OF  PIPES— MAIN- 
TAIN WATERWORKS.— The  said  Board  shall,  for  (and  in  the  name  of)  the 
Mayor  and  General  Council  of  the  City  of  Atlanta,  take  and  hold  the  lands, 
and  real  estate,  rights,  franchises,  and  property  of  every  kind  so  purchased 
by  the  Board  aforesaid,  and  other  lands,  real  estate  or  property,  necessary  in 
their  opinion  for  the  construction  of  any  canals,  aqueducts,  reservoirs,  or  other 
works  for. conveying  or  containing  water,  or  for  the  erecting  of  any  building 
or  machinery,  for  laying  any  pipes  or  conduits  for  conveying  the  water  into  or 
through  the  said  places,  or  to  secure  and  maintain*  any  portion  of  the  works,. 
and  in  general  to  do  anj^  other  act  necessary  or  convenient  for  accomplishing 
the  purposes  contemplated  by  this  Act. 

SECTION  243.  MAYOR  AND  GENERAL  COUNCIL  MAY  INSPECT 
WORKS — WHEN. — The  said  Mayor  and  General  Council  shall  be  authorized 
by  a  Committee  of  their  own  number,  or  otherwise,  to  inspect  semi-annually, 
or  oftener,  the  state  and  condition  of  the  works  and  property  thereto  be- 
longing, and  the  said  Board  shall  give  them  every  reasonable  facility  and: 
assistance  in  making  such  inspection. 

SECTION  244.  MAY  USE  ROADS,  STREETS,  ETC.— DAMAGES  TO' 
SAME  TO  BE  REPAIRED.— The  said  Board,  in  behalf  of_the  Mayor  and 
General  Council  of  the  City  of  Atlanta,  and  all  persons  acting  under  their 
authority,  shall  have  the  right  to  use  the  ground  or  soil  under  any  road,  rail- 
road,  highway,  street,  lane,  alley  or  court,  within  the  State,  for  the  purpose  of 
constructing,  enlarging,  or  improving  any  of  the  work  contemplated  by  virtue- 
of  this  Act,  upon  condition  that  they  shall  not  permanently  injure  any  such 
railroad,  highway,  street,  lane,  alley  or  court  to  be  restored  to  its  original 
state,  and  all  damages  done  thereto  be  repaired. 

SECTION  24.5.  CONTRACTS  FOR  MATERIAL— IN  WRITING  WHEN 
— HOW  ENDORSED. — All  contracts  for  material,  or  for  the  construction  of 
any  part  of  said  work,  which  shall  involve  the  expenditure  of  five  hundred 
dollars  or  more,  shall  be  made  in  writing,  and  of  each  contra,ct  two  copies  shall 
be   taken,   which   shall   be   numbered   with   the   number  of   said   contract,,  and. 

64 


■endorsed  with  the  name  of  the  contractor,  and  a  summary  of  the  work  to  be 
done,  or  material  to  be  furnished. 

SECTION  246.  ONE  COPY  OF  CONTRACT  DEPOSITED  WITH 
COMPTROLLER. — One  of  the  said  copies  shall  be  deposited  with  the  Auditor 
of  Accounts  (now  Comptroller)  of  the  City  of  Atlanta,  and  one  shall  be  r**- 
tained  by  said  Board. 

SECTION  247.  SECURITY  TAKEN  FOR  CONTRACTS  BY  BOARD— 
FROM  WHOM — HOW. — The  said  Board  shall  have  authority  to  require  from 
any  person  or  persons  with  whom  they  shall  enter  into  a  contract,  satisfactory 
security  for  the  faithful  performance  of  said  contract,  according  to  its  terms. 

SECTION  248.  NO  MEMBER  OF  BOARD  SHALL  BE  INTERESTED 
IN  CONTRACT. — And  no  member  of  said  Board  shall  be  interested,  directly 
or  indirectly,  in  any  contract  relating  to  said  work. 

SECTION  249.  PROPERTY  EXEMPT  FROM  TAX.— All  lands  and  real 
estate,  and  property  of  every  kind,  so  held  aforesaid,  by  the  said  Board,  and 
in  the  name  of  the  Mayor  and  General  Council  of  the  City  of  Atlanta,  shall 
be  exempted  from  taxes  and  assessments. 

SECTION  250.     BOARD  MAY  APPOINT  ENGINEER,  CLERKS,   ETC. 

FIX  COMPENSATION. — The  said  Board  of  Commissioners  shall  have  power 

to  appoint  a  competent  engineer  for  the  construction  of  said  water  works  and 
to  fix  his  compensation  therefor,  while  so  employed.  Also  to  employ  such 
clerks  and  laborers  as  may  from  time  to  time  be  found  needful,  and  fix  their 
compensation. 

SECTION  251.  BOARD  REGULATES  DISTRIBUTION  OF  WATER- 
PUBLIC  HYDRANTS— WHERE  AND  HOW  ERECTED.— The  said  Board 
(Water  Commissioners)  shall  regulate  the  distribution  and  use  of  said  water 
in  all  places,  and  for  all  purposes  where  the  same  may  be  required,  and  from 
time  to  time  shall  fix  the  price  for  the  use  thereof,  and  the  time  of  payment, 
and  they  shall  erect  such  number  of  public  hydrants  and  in  such  places  as  they 
shall  see  fit,  and  direct  in  what  manner  and  for  what  purpose  the  same  shall 
,be  used,  all  of  which  they  may  change  at  their  discretion. 

SECTION  252.  APPLIANCES  TO  EXTINGUISH  FIRES— EXPENSE 
OF  CITY — HOW  ERECTED. — All  conduits  or  appliances  required  and  fur- 
nished for  the  purpose  of  extinguishment  of  fires  shall  be  erected  at  the  ex- 

65 


pense  of  the  Mayor  and  Oenerai  Council  of  the  CAty  of  Atlanta,  and  placed 
as  they  shall  direct,  and  be  under  their  exclusive  control  and  direction. 

SECTION  253.  CONTRACTS  FOR  WATER— LIMIT  THREE  YEARS.— 
The  Board  shall  make  no  contract  for  the  price  of  using  the  water  for  a 
longer  time  than  three  years,  and  at  the  expiration  of  any  term  or  lease,  the 
price  paid  for  the  use  thereof  shall  be  adjusted  according  to  the  regulations 
then   established. 

SECTIOiV  254.  PAYMENT  FOR  WATER— MAY  SHUT  OFF  SUPPLY 
FOR  NON-PAYMENT.— The  said  Boara  shall  have  full  power  and  authority 
to  require  the  payment  in  advance  for  the  use  or  rent  of  water  furnished 
by  them,  in  or  upon  any  building,  place  or  premises,  and,  in  case  prompt  pay- 
ments shall  not  be  made,  they  may  shut  off  the  water  from  such  building, 
place  or  premises,  and  shall  not  be  compelled  again  to  supply  said  building, 
place,  or  premises,  with  water  until  said  arrears,  with  interest  thereon,  shall 
be  fully  paid. 

SECTION  255.  MAY  ASSESS  FOR  WATER  PIPE— LIMIT  OF  AS- 
SESSMENT.— Whenever  the  said  Board  of  Water  Commissioners  shall  cause 
water  pipe  to  be  laid  along  any  street  in  the  City  of  Atlanta,  they  are  hereby 
authorized  to  assess  the  cost,  or  such  portion  of  the  cost  of  such  pipe,  and  the 
expense  of  laying  the  same,  and  of  erecting  hydrants,  upon  the  owners  of  all 
improved  property  on  eac'h  side  of  the  street,  or  portion  of  a  street,  along  and 
through  wiiich  such  pipe  has  been,  or  may  be,  extended,  such  assessment  to  be 
made  under  sucH  Just  and  equitable  rules  as  said  Board  of  Water  Commis- 
sioners may  establish,  not  exceeding  seven  dollars  each. 

SECTION  256.  PAYMENT  REFUSED— PENALTY— PROVISOS.— If 
any  property-owner  shall  refiLse,  after  demand,  to  pay  such  assessment,  the 
name  of  such  person,  the  amount  due  by  him,  and  a  description  of  the  piop- 
erty,  in  front  of  which  such  pipe  has  been  run,  shall  be  furnished  by  the  Board 
to  the  Clerk  of  the  City  Council  of  Atlanta,  who  shall  issue  execution  against 
such  ovNTier  for  the  amount  diie ;  which  said  execution  shall  be  levied  by  the 
City  Marshal  and  collected  out  of  the  property  mentioned  on  tax  execution, 
and  the  amount  paid  over  to  the  Water  Commissioners,  and  the  fees  of  the 
Clerk  and  Marshal  shall  he  the  same  as  allowed  by  law  for  tax  executions ; 
provided  that  any  person  taking  water  on  his,  her,  or  their  premises  shall  be 
charged  the  regular  water  rate,  and  shall  not  be  subject  to  said  assessment; 

66 


provided,  further,  that,  if  the  property-owner  aforesaid  shall  take,  within 
twelve  months  from  the  laying  of  said  water  pipes,  water  in  pursuance  of  all 
rules  and  regulations  of  the  Water  Commissioners,  then  said  sum  so  collected 
shall  be  credited  upon  the  current  water  rates  of  the  property-owner  for  the 
year  he  or  she  shall  take  the  same;  and  provided  also  in  no  case  shall  any 
sum  be  levied  upon  any  property-owner  failing  or  refusing  to  take  said  water 
more  than  one  term. 

SECTION  257.  INCOME  TO  BE  PAID  INTO  THE  CITY  TREASURY. 
— On  and  after  January  1st,  1880,  all  money  collected  from  water  rents,  and 
any  other  income  from  said  waterworks,  shall  be  paid,  as  collected,  to  the 
Clerk  of  Council  of  the  City,  and  by  him  into  the  City  Treasury,  and  the 
necessary  funds  to  carrj'  on  said  waterworks  shall  be  paid  out  of  the  City 
Treasury  on  orders  of  the  Mayor  and  General  Council. 

SECTION  258.  APPROPRIATION  FOR  WATERWORKS  CAN  NOT 
EXC:^ED  INCOME — EXCEPT  WHEN. — The  annual  appropriation  for  water- 
works shall  never  exceed  the  estimated  annual  income,  except  in  an  extra- 
ordinary emergency,  to  be  judged  of  by  the  Mayor  and  General  Council. 

SECTION  259.  APPROPRIATION— HOW  MADE.— Said  Board  shall  by 
the  first  meeting  of  the  Mayor  and  General  Council  in  May  of  each  year  file 
with  said  body  an  estimate  of  the  probable  receipts  from  water  rents  and 
other  income,  if  any,  and  of  the  amount  necessary  to  run  said  waterworks  dur- 
ing the  current  year.  Said  Mayor  and  General  Council  shall  then,  and  at  the 
same  time  that  other  appropriations  are  made,  make  such  appropriations,  and 
set  apart  such  amount  for  said  waterworks,  as  may  be  necessary  for  the 
economical  and  successful  operation  of  the  same,  and  shall  pay  the  same  over 
to  the  Board  of  Water  Commissioners  as  it  may  be  needed. 

SECTION  260.  PERSONS  MALICIOUSLY  INJURING  PIPES— THEIR 
LIABILITY— THEIR  PUNISHMENT.— If  any  person  or  persons  shall  ma- 
liciously or  wilfully  divert  the  water,  or  any  portion  thereof,  ■  from  the  said 
works,  or  shall  corrupt  or  render  the  same  impure,  or  shall  destroy  or  injure 
any  canal,  aqueduct,  pipe,  conduit,  machinery,  or  other  property  used  or 
required  for  producing  or  distributing  the  water,  such  person  or  persons,  and 
their  aiders  and  abettors,  shall  forfeit  to  the  said  Board,  to  be  recovered  in  an 
action  of  trespass,  treble  the  amount  of  damages  (besides  cost  of  said  suit), 
which  shall  appear  on  trial  to  have  been  sustained,  and  all  such  acts  are  hereby 

67 


declared  to  be  misdemeanors;  and  the  parties  found  guilty  thereof  may  be 
further  punished  by  fine  not  exceeding  one  thousand  dollars  or  by  imprison- 
ment not  exceeding  one  year,  or  both  at  the  discretion  of  the  Court. 

SECTION  261.— BOAKD  MAY  MAKE  RULES— REGULATE  USE  OF 
WATER,  ETC. — The  said  Board  shall  have  power  to  make  rules  and  regula- 
tions respecting  the  introduction  of  water  into  or  upon  any  premises  and, 
from  time  to  time,  to  regulate  the  use  thereof  in  such  manner  as  shall  seem 
to  them  necessary  and  proper. 

SECTION  262.  APPARATUS  MAY  BE  EXAMINED— BY  WHOM— 
FOR  WHAT  PURPOSE. — The  members  of  said  Board,  and  all  engineers, 
superintendents,  or  inspectors  in  their  service,  are  hereby  authorized  and  em- 
powered to  enter  at  all  seasonable  hours  any  dwelling  or  other  places  where 
said  water  is  taken  and  used,  and  where  unnecessary  waste  thereof  is  known, 
or  suspected,  and  examine  and  inquire  into  the  cause  thereof.  They  shall  have 
full  power  to  examine  all  surface  pipes,  stop-cocks,  and  other  apparatus  con- 
nected with  the  said  works,  for  the  purpose  of  ascertaining  whether  the  same 
are  of  the  character  and  dimensions,  and  fixed  in  the  manner  directed  in 
permits  issued  therefor. 

SECTION  263.  PENALTY  FOR  REFUSAL  TO  PERMIT  SUCH  EX- 
AMINATION.— If  any  person  refuse  to  permit  such  examination,  or  oppose  or 
obstruct  such  officer  in  the  performance  of  such  duty,  he,  she,  or  they  so 
offending  shall  be  liable  to  such  penalty,  not  exceeding  ten  dollars,  for  such 
offense  as  the  Board  may  impose,  and  supply  of  water  may  also  be  shut  off 
until  the  required  examination  is  made,  and  such  alterations  and  repairs  are 
completed  as  may  be  necessary. 

SECTION  264.  BOARD  MAY  EXECUTE  PROMISSORY  NOTES.— 
(Obsolete). — The  said  Board  shall  be  authorized  to  execute  promissory  notes, 
or  accept  drafts  for  any  of  the  legitimate  purposes  of  said  works,  in  anticipa- 
tion of  the  receipts  of  the  proceeds  of  the  sale  of  bonds  hereinbefore  author- 
ized to  be  issued  by  them,  or  of  the  revenue  of  the  said  works.  Provided,  how- 
ever, that  the  whole  amount  of  the  permanent  indebtedness  of  the  City  to  be 
increased  by  them  by  virtue  of  this  Act,  shall  not  exceed  the  sum  of  five 
hundred  thousand  dollars.  , 

SECTION  265.  CONDEMNATION  OF  PRIVATE  PROPERTY  FOR 
WATERWORKS  USES— BY  WHOM  AND  HOW  INSTITUTED.— The  Mayor 


and  General  Council  of  the  City  of  Atlanta  a/e  hereby  authorized  to  condemn 
property,  which  may  be  needed,  In  the  judgment  of  said  Mayor  and  General 
Council,  to  enlarge  its  waterworks  plant,  or  grounds,  the  condemnation  pro- 
ceedings in  all  cases  to  conform  to  the  laws  of  the  State  authorizing  and  regu- 
lating the  condemnation  of  private  property  for  public  uses.  (General  law 
now  obtains.) 

SECTION  266.  APPROPEIATION  OF  REAL  ESTATE  BY  CONDEM- 
NATION, OR  INJURY  TO  SAME— DISAGREEMENT  AS  TO  PRICE- 
COURT  APPOINTS  ASSESSORS,  WHO  REPORT  TO  COURT.— In  case  of 
a  disagreement  between  said  Board  and  the  owners  of  any  lands,  or  water- 
rights,  or  franchises,  necessary  for  the  construction  of  said  waterworks,  or 
anything  appertaining  thereto,  or  as  to  the  price  to  be  paid  therefor,  as  to 
the  damage  done  thereto,  or  the  owner  of  said  land,  or  water-rights,  or  fran- 
chises, shall  be  a  married  woman,  or  an  infant,  or  insane,  or  shall  be  absent 
from  the  State,  then  it  shall  and  may  be  lawful  for  the  Judge  of  the  Superior 
Court  of  Fulton  County,  upon  application  of  either  party,  or  in  case  such 
■owner  shaU  be  unknown,  or  can  not  be  found,  then,  upon  notice  of  such  appli- 
cation at  said  Court,  may  direct  to  appoint  three  disinterested  persons  to 
examine  said  property,  and  to  assess  the  value  thereof,  or  the  damage  done  to 
the  same,  who  shall,  with  as  little  delay  as  possible,  discharge  said  duty, 
after  having  taken  an  oath  before  some  officer  authorized  to  administer  the 
same,  impartially,  to  the  best  of  their  ability,  and  make  a  return  of  their 
actings  and  doings  in  the  premises  to  the  next  term  of  the  Superior  Court  of 
Fulton  County,  to  be  entered  on  the  minutes  of  said  Court,  and  made  the 
judgment  thereof. 

SECTION  267.  PROVISO  FOR  APPEAL  FROM  ASSESSORS '  AWARD 
—HOW  MADE— APPEAL  SHALL  NOT  DELAY  WORK  ON  WATER- 
WORKS.— Provided,  that  in  case  either  party  is  dissatisfied  with  said  award, 
he  or  they  may  appeal  to  the  Superior  Court  of  said  County,  and  have  said 
case  tried  by  a  special  jury,  as  in  usual  cases  of  appeal,  upon  giving  to  the 
■opposite  party  notice  within  ten  days  after  the  making  of  said  award,  of  his 
intention  to  do  so,  and  giving  bond,  with  good  security  for  the  payment  of  all 
costs  and  damages,  which  may  accrue  to  the  opposite  party  by  reason  of 
entering  said  appeal;  and,  provided,  further,  that  the  work  on  said  waterworks 
shall  not  be  delayed  by  reason  of  entering  said  appeal. 

69 


SECTION  268.  IF  NO  APPEAL— BOARD  PAYS  IN  TWO  MONTHS 
AMOUNT  REPORTED  BY  ASSESSORS  AS  FULL  COMPENSATION.— 
Whenever  such  report  shall  have  been  made  the  judgment  of  said  Court,  and 
no  appeal  has  been  entered,  as  aforesaid,  the  said  Board  shall,  within  two 
months  thereafter,  pay  to  the  said  owner,  or  to  such  person  or  persons  as  the 
Court  may  direct,  the  sum  mentioned  in  said  report,  in  full  compensation  for 
the  property  so  required,  or  for  the  damages  sustained,  as  the  case  may  be. 

SECTION  269.  TITLE  DISPUTED— OWNER  INSANE,  UNKNOWN, 
OR  AN  INFANT— BOARD  PAY  MONEY  INTO  COURT— MAYOR  AND 
GENERAL  COUNCIL  SEIZED  IN  FEE  SIMPLE.— In  all  cases,  when  the 
title  or  interest  of  any  person  or  persons  in  land  required  and  taken  up  for 
the  purpose  of  this  Act  is  doubtful  or  disputed,  or  in  case  said  owner  shall  be 
unknown,  insane,  non  compos  mentis,  or  an  infant,  or  can  not  be  found,  the 
value  of,  or  damage  to,  such  lands,  awarded  by  the  Commissioner  appointed 
by  said  Judge  of  the  Superior  Court,  may  be  paid  into  said  Court,  upon 
affidavit  made  of  such  facts  hy  the  claimant,  his  agent,  or  attorney,  and  such 
payments  shall  have  the  same  effect  as  if  made  to  the  owner  thereof,  and  the 
said  Court  may  proceed  in  a  summary  way,  upon  petition  of  any  person  claim- 
ing to  be  the  owner  of  said  lands,  or  any  part  thereof,  and  to  what  person 
or  persons  the  said  money  shall  be  paid,  and  shall  have  power  to  distribute 
the  same  among  the  persons  entitled  thereto,  and  thereupon  the  Mayor  and 
General  Council  of  the  City  of  Atlanta  shall  become  seized  in  fee  simple  of 
such  property  so  required,  and  shall  be  discharged  from  all  claims  by  reason 
of  such  damage. 

NEW  WATERWORKS. 

SECTION  270.  AUTHORITY  TO  IMPROVE  WATER  SUPPLY— AC- 
QUIRE RIGHTS  AND  PROPERTY  FOR  THAT  PURPOSE— PROVISIONS 
FOR  PURE  AND  CLEAR  WATER.— The  City  of  Atlanta  is  hereby  authorized 
and  empowered  to  enlarge  and  improve  the  existing  water  supply  and  water- 
works of  said  City  in  any  manner  and  to  any  extent,  that  is  or  may  be  need- 
ful, from  the  present  or  from  any  other  site  or  sites;  that  said  City  shall 
have  the  power  to  acquire  all  rights  and  property,  real  and  personal,  neces- 
sary or  appropriate  for  affording  a  complete  and  sufficient  supply  of  reason- 
ably pure  and  clear  water  to  said  City,  and  shall  have  power  to  acquire  and 
hold  or  use  all  such  rights  and  property,  both  within  the  limits  of  said  Citj 
and  anywhere  in  this  State,  including  ownership  of  and  dominion  in  whole  or 

70 


in  part  oTer  voe  water-shed,  from  which  the  water  to  be  supplied  is  gathered, 
however  large  the  tract  of  land  necessary  for  the  purpose  may  be,  so  as  to  let 
said  water-shed  grow  up  in  grass  and  trees,  without  inanuring  or  tillage,  or 
other  hurtful  use,  and  so  as  to  keep  the  water  clear  and  pure.. 

SECTION  271.  AUTHOEITY  TO  MAKE  SURVEYS  FOR  PROPOSED 
WORK. — The  said  City  shall  have  power  to  cause  such  examinations  and  sur- 
veys to  be  made  for  the  proposed  work  contemplated  in  this  Bill  as  shall  be 
necessary  or  proper  to  the  selection  of  the  most  advantageous  location  or 
locations,  site  or  sites,  water-shed  or  sheds,  and  right  or  rights,  way"  or  ways, 
for  locating  all  their  works  and  appliances  for  bringing  the  water  and  dis- 
tributing it  in  the  City,  and  for  carrying  out  the  object  of  this  Bill. 

SECTION  272.  CAN  FOR  THIS  PURPOSE  ENTER  UPON  THE  LAND 
OF  ANYONE— ALL  POWERS  HERETOFORE  CONFERRED  CONTINUED 
IN  FULL  FORCE. — And  for  such  purpose  (surveys,  etc.)  tlie  said  City,  by  its 
officers,  agents,  servants  or  employees,  shall  have  the  right  to  enter  upon  the 
land  or  water  of  any  person,  and  all  the  rights,  powers,  and  privileges  hereto- 
fore conferred  by  the  Legislature  under  any  bill  enacted  by  the  same  upon 
said  City  for  erecting  and  maintaining  waterworks,  are  hereby  revived  and 
continued  in  full  force  for  the  purposes  ot  this  Act,  in  extending  said  water- 
works, or  in  erecting  new  waterworks,  either  or  both,  as  the  case  may  be. 

SECTION  273.  MAY  HAVE  RIGHTS  OF  WAY  FOR  CANALS,  AQUE- 
DUCTS, ETC. — The  City,  by  its  agents  aforesaid,  may  construct  its  works, 
or  lay  its  pipes,  upon  acquiring  the  property  or  right  so  to  do,  as  the  case 
may  be,  with  the  necessary  way  or  ways,  dams,  canals,  raceways,  reservoirs, 
excavations  or  embankments,  and  do  all  acts  and  things  necessary  for  the 
construction  and  maintenance  of  said  works. 

SECTION  274.  MAY  LEASE,  BUY,  OR  CONDEMN  PROPERTY,  OR 
ACQUIRE  BY  DONATION  THE  SARNIE,  FOR  WATERWORKS.— And  (said 
City)  shall  have  power  to  lease,  or  buy,  or  condemn  any  property,  real  or  per- 
sonal, anywhere  in  this  State,  for  the  purpose,  or  acquire  the  same  by  dona- 
tion, and  to  sell,  lease,  or  dispose  of.  any  part  thereof  not  found  necessary 
for  the   works,   at   the   pleasure   of   the   City. 

SECTION  275.  MAY  OBTAIN  GRAVEL,  STONE,  EARTH  AND  TIM- 
BER—CUT DOWN  TREES,  IF  NECESSARY— TAKE  LAND  FOR  ALL 
SUCH   PURPOSES— PAY   FOR    SAME.— And   said    City,    by    its    agents   as 

71 


aforesaid,  shall  have  power  to  obtain  gravel,  stone,  earth,  timber,  or  other 
material,  and  to  take  such  land  as  may  be  necessary  for  the  proper  construc- 
tion, operation,  and  security  of  said  works,  and  to  cut  down  any  trees,  that 
may  be  necessary  therefor,  or  security  of  the  same,  making  compensation 
therefor  as  by  this  Bill,  or  under  the  law  provided  for  property  taken  for 
public  use,  and  shall  have  all  other  powers  and  authority  necessary  and  appro- 
priate to  accomplish  the  objects  of  this  Act. 

SECTION  276.  RIGHTS  AND  REMEDIES  OF  CITY  AND  PROPERTY- 
OWNERS  IN  CONDEMNATION  OF  PROPERTY.— The  rights  and  remedies 
of  said  City,  and  all  persons  and  corporations,  whose  property,  franchises, 
easements,  or  rights,  it  may  seek  to  condemn  or  appropriate  for  the  purposes 
of  this  Act  shall  be  those  contained  in  and  set  out  in  Part  2,  Title  1,  Chapter 
1,  Section  1689,  sub-section  L,  of  Code  of  Georgia  of  1882  for  condemning 
and  making  compensation  for  property,  where  the  same  is  sought  to  be  taken 
for  railroad  purposes,  substituting  the  said  City  as  the  pro-movant  in  such 
proceedings  in  lieu  of  the  railroad  company,  as  in  said  Section  contemplated, 
and  if  in  any  respect,  the  rights  and  remedies  in  said  Section  set  out  should 
be  found  inappropriate,  then  the  rights  and  remedies  shall  be  the  same  as  is 
contained  and  provided  in  the  Act  of  the  Legislature  of  said  State  originally 
authorizing  the  City  of  Atlanta  to  provide  and  erect  waterworks,  and  in  the 
several  amendments  afterwards  made  thereto. 

SECTION  277.  MAY  USE  STREAMS  FOR  POWER— COMPENSATION 
THEREFOR. — Said  City  shall  have  power  to  use  and  employ  for  the  purpose 
of  said  works  any  stream  or  streams  of  water  or  water-course  or  water-courses, 
or  any  part  of  such  waters,  which  by  said  city  shall  be  deemed  necessary  and 
appropriate;  to  use  such  waters  by  employing  the  same  for  power  to  run  or 
move  the  necessary  machinery,  or  for  pumping  through  the  mains,  and  dis- 
tributing over  the  City,  either  or  both  as  the  case  may  be,  making  compensa- 
tion therefor  as  by  law  required. 

SECTION  278.  MAY  LAY  MAINS  ALONG  STREETS,  HIGHWAYS, 
CROSSING,  OCCUPYING  OR  APPROPRIATING  SAME,  OR  ANY  PART.— 
Said  City  shall  have  power  to  lay  its  mains  along  any  street  or  highway,  or 
otherwise,  whenever  necessary;  to  cross,  occupy,  or  appropriate  with  its  works 
such  highways  or  streets  or  any  part  thereof. 

72 


SECTION  279.  CONTROL  OF  WORK-BY  WHOM.-The  work  contem- 
plated under  this  Act  shall  be  carried  on  through  the  agency  of  the  Board  of 
Water  Commissioners  of  said  City,  under  the  direction  and  control  of  the 
Mayor  and  General  Council  of  the  same. 

SECTION  280.  THIS  AUTHORITY  CONTINUATION  OF  PREVIOUS 
AUTHORITY— ALL  EXISTING  LAWS  AS  TO  OLD  WATERWORKS  EF- 
FECTIVE FOR  NEW.— The  works  provided  for  or  contemplated  under  this 
Bill  are  to  be  deemed  and  taken  as  a  continuation  of,  and  in  lieu  of,  the 
waterworks  heretofore  enacted  and  used  by  said  City,  and  all  existing  legisla- 
tion, as  well  as  the  ordinance  of  said  City,  forbidding  trespasses  or  any 
interference  with  said  waterworks,  and  all  sanitary  laws  and  regulations  rela- 
tive to  the  same  are  hereby  revived  and  made  applicable  to  said  new  works, 
or  extended  works,  as  the  case  may  be,  with  the  same  remedies,  pains,  and 
penalties  as  by  previous  Acts  and  ordinances  of  the  City  of  Atlanta,  or  the 
general  laws  of  the  State,  are  or  may  be  provided. 

SECTION  281.  CAN  NOT  SELL  OR  LEASE  FOR  LONGER  THAN 
FIVE  YEARS  OLD  WATERWORKS  PROPERTY— PENALTY  FOR  VIO- 
LATION.—The  Mayor  and  General  Council,  or  Board  of  Water  Commission- 
ers, or  other  officers  of  said  City  of  Atlanta,  shall  have  no  authority  or  power 
to  sell,  exchange,  or  lease  for  a  term  longer  than  five  years  the  property  now 
belonging  to  the  City  of  Atlanta,  known  as  Lakewood,  or  the  old  waterworks 
property,  same  being  the  property,  on  which  is  located  the  old  water  reser- 
voir, to  the  South  of  the  City  of  Atlanta;  and  any  official  voting  therefor  shall 
be  deemed  guilty  of  having  violated  his  duty,  and  subject  to  impeachment  and 
removal   from   office. 

SECTION  282.  CAN  NOT  SELL  OR  LEASE  THE  SYSTEM  OF 
WATERWORKS— PENALTY  FOR  VIOLATION.— The  Mayor  and  General 
Council,  or  Board  of  Water  Commissioners,  or  other  officers  of  the  City  of 
Atlanta,  shall  have  no  authority  or  power  to  sell,  exchange,  farm  out,  lease 
out,  or  in  any  way  alien  the  property,  easements,  income  or  other  equipment, 
privileges  or  assets  belonging  and  appertaining  to  its  system  of  waterworks; 
and  all  contracts,  negotiations,  grants,  leases,  or  other  forms  of  transfer  in 
violation  of  this  Act  are  declared  void  and  of  no  effect,  as  against  said  City, 
and  any  official  voting  therefor  shall  be  deemed  guilty  of  violating  his  duty, 
and  subject   to   impeachment   and   removal   from   office   therefor;   Provided, 


however,  the  provisions  of  this  Section  shall  not  apply  to  the  sale,  exchange^ 
or  alienation  of  such  articles  of  equipments  of  said  waterworks  plant  as  are 
worn  out  or  useless,  or  which  for  the  betterment  of  the  service  can  be 
advantageously  substituted  by   new   or   improved   machinery  or  equipment. 

SECTION  283.  PEOVISION  FOR  FINANCING  NEW  WATERWORKS 
—EMPLOYMENT  OF  CITY  RESERVE  FUNDS.— For  the  purpose  of  carry- 
ing into  effect  the  objects  of  this  Act.  the  said  City  shall  have  power  to  use 
and  employ  the  fund  or  funds  accumulated  under  the  Charter  of  said  City, 
under  the  Act  of  the  General  Assembly  of  said  State,  approved  December  18, 
1884,  relative  to  providing  a  fund  for  the  purpose  of  making  a  part  of  the 
taxes  of  each  year  available  for  current  expenses  during  a  portion  of  the 
succeeding  year,  and  under  the  several  Acts,  of  which  said  last-recited  Act 
is  amendatory,  and  for  the  purpose  aforesaid,  the  City  of  Atlanta  shall  have 
power  to  make  any  contract  or  contracts,  or  to  incur  any  obligation  or  obli- 
gations upon  the  means  and  resources  of  said  C'ity,  not  repugnant  to  the 
Constitution  of  this  State;  and  that  to  supply  the  place  of  accumulated  funds 
diverted  or  used,  as  above  specified,  there  shall  be  annually  set  apart  tweu- 
ty-five  thousand  dollars  of  the  revenues  of  said  City,  commencing  with  the 
year  1887,  until  a  fund  of  two  hundred  and  fifty  thousand  dollars  has  been 
accumulated,  which  shall  be  apj^lied  as  contemplated,  and  required  from 
year  to  year,  as  required  by  said  Act  of  December  18,  1884,  and  the  several 
Acts,  of  which  the  same  is  amendatory;  and  in  the  meantime  said  City  may 
make  such  temporary  loans  as  are  actually  necessary  in  the  beginning  of  the 
year  to  anticipate  the  revenues  until  the  collection  of  the  same  begins  to 
flow  into  the  Treasury  in   the  summer  months.      (Obsolete.) 

SECTION  284.  PROCURING  FUNDS  FROM  OTHERS— HOW— OP- 
TION TO  PURCHASE  LATER,  WHEN  IN  FUNDS,  ETC.— Said  City  shaU 
have  power,  if  by  it  deemed  wise  to  do  so,  to  procure  from  any  person  or  per- 
sons willing  thus  to  invest  the  funds,  in  whole  or  in  part,  necessary  to  extend 
said  works,  or  to  erect  new  works,  and  to  vest  the  tttle  to  a  corresponding 
part  of  the  property,  or  the  whole  of  it,  as  the  case  may  be,  to  him  or  those 
thus  advancing  the  money,  upon  the  agreement  that  the  City  have  an  option 
to  purchase  and  pay  for  a  title  to  the  property  at  a  future  day  whenever  the 
City  shall  be  provided  with  funds  or  means  of  doing  so,  the  City  in  the  mean- 
time using  and  operating  the  works  at  an  agreed  rental,  to  be  paid  by  it  upon 
such  terms  and  conditions  as  may  be  by  the  parties  agreed  on. 

74 


SECTION  285.  POLICE  AND  SANITARY  RECxULATIONS  NEW 
WATERWORKS-VIOLATION  OF  REGULATIONS-PENALTY.-The 
Mayor  and  General  Council  of  said  City  shall  have  full  power  and  authority 
to  establish  reasonable  police  and  sanitary  regulations  over  the  new  water- 
works of  said  City,  located  at  the  Chattahoochee  River,  near  the  mouth  of 
Peachtree  Creek,  in  "Pulton  County,  and  along  the  pipe-line  of  said  water- 
works system,  between  said  river  an  dthe  City  of  Atlanta,  including  said  pipe- 
line, the  reservoir  of  said  new  waterworks  system,  the  water-shed,  and  all  lands 
occupied  for  the  purpose  of  water  supply,  and  to  punish  a  violation- of  such 
regulations  by  fine  or  imprisonment,  as  in  case  of  violations  of  other  ordinances 
of  said  City  of  Atlanta. 

SECTION  286.     CITY   MAY  USE  WATER  FROM  CHATTAHOOCHEE 
RIVER-RATIFICATION  OF  CITY'S  ACTS  IN  ESTABLISHING  WORKS 
-NOT  LIABLE  FOR  SUITS  ON  ACCOUNT   OF  USE   OF  WATER.-The 
City  of  Atlanta  is  hereby  empowered  and  authorized  to  use  the  waters  of  the 
Chattahoochee   River  for  the   purpose   of  supplying   its  system  of  waterworks 
with  water,  and  all  acts  of  said  City,  its  Mayor  and  General  Council,  and  its 
Board  of  Water  Commissioners,  whereby  lands  have  been  purchased  alongside 
said  river,  pumping  stations  erected  thereon,  mains  built  therefrom,  reservoirs 
and  power  or  other  pumping  stations  erected  for  the  purpose  of  securing   a 
pressure  on  the  water  in  such  mains  whereby  the  water  might  be  supplied  to 
the   City   of   Atlanta  for  the   purpose  of  securing  the  health   of   the  citizens 
thereof,  and  the  preservation  of  the  property  and  for  all  municipal  purposes, 
be  and  the  same   are  hereby  confirmed  and  its  future  use   for  the  same   and 
similar  purpose  is  hereby  granted  and  authorized.     The  City  shall  not  be  held 
liable  for  any  suits  at  law,  or  in  equity,  on  account  of  the  use  herein  author^ 
ized  or  for  any   enlargement   of  said  use  by  reason  of  the  increased  growth 
of  said  City. 

SECTION  287  AUTHORITY  HERETOFORE  GRANTED  PRESERVED 
AS  TO  CONSTRUCTION  OF  WATERWORKS,  CONDEMNATION  OF 
PROPERTY,  ISSUANCE  OF  BONDS,  ETC.-The  grants  of  authority  to  said 
City  of  Atlanta  to  construct  new  waterworks,  to  acquire  property  for  that 
purpose  by  purchase  or  condemnation,  to  issue  bonds  to  be  sold  to  pay  the  ex- 
penses  of  the  construction  of  such  works,  and  all  the  authority  heretofore 
granted  said  City  in  reference  to  the  proposed  system  of  waterworks,  .s  con- 
tinued in  full  force  and  effect,  especially  all  the  provisions  of  the  Act  approved 


75 


September  5th,  1885,  October  1st,  1887,  and  December  4th,  1889,  except  Sec- 
tion 7  of  the  Act  of  1885  aforesaid,  providing  for  the  use  of  the  sinking  fund 
of  said  City,  and  all  authority  heretofore  granted  any  system  of  waterworks, 
or  hereafter  to  be  granted  to  any  such  system,  is  hereby  conferred  upon  the 
City  of  Atlanta  with  reference  to  the  system  of  waterworks  herein  authorized 
to  be  constructed. 


CHAPTEK   XVII. 
SEWERS   AND   DRAINS. 


SECTION  288.  AUTHORITY  TO  LAY  SEWERS  AND  DRAINS.— Said 
Mayor  and  General  Council  shall  have  full  power  and  authority  to  lay  down 
Bewers  and  drains  in  said  City. 

SECTION  289.  CONSTRUCTION  UNDER  DIRECTION  OF  COMMIS- 
SIONER OF  PUBLIC  WORKS.— All  work  of  laying  down  or  constructing 
sewers  or  drains  shall  be  done  under  the  direction  and  supervision  of  the 
Commissioner  of  Public   Works. 

SECTION  290.  NECESSITY  FOR  SEWERAGE— PLANS— ESTIMATES 
OF  COST— WHO  FURNISHES.— The  City  Engineer  shall  furnish  to  said 
Board  (of  Health)  information  and  advice  as  to  the  necessities  of  any  par- 
ticular locality  for  sewerage,  the  kind  of  sewerage  that  may  be  desirable, 
with  estimates  of  the  cost  of  the  same,  and  shall  furnish  plans  and  profiles 
and  such  other  like  work  as  may  be  necessary  and  proper. 

SECTION  291.  ASSESSMENTS  FOR  SEWERS— HOW  COLLECTED. 
— (They  shall  have  full  power  and  authority)  to  assess  the  amount  of  the 
cost  of  laying  and  constructing  the  same  upon  the  real  estate  abutting  on 
streets  through  and  along  which  sewers  and  drains  may  be  placed  and  con- 
structed, and  upon  any  real  estate  through  and  upon  which  the  same  may 
be  constructed  or  placed.  Amounts  of  assessments  on  real  estate  for  con- 
structing sewers  may  be  collected  by  execution,  levy  and  sale,  as  in  street 
assessments. 

SECTION  292.  CONSTRUCTION  OF  SEWERS  PROVIDED  FOR  BY 
ORDINANCE— PUBLICATION  OF  ITS  INTRODUCTION— TIME— WHEN 
PASSED. — The  construction  of  all  sewers  under  this  Act  shall  be  provided 

76 


for  by  ordinance.  After  the  first  reading  of  an  ordinance  providing  for  a 
sewer,  a  notice  of  the  introduction  of  the  same  shall  be  published  in  one 
or  more  of  the  daily  papers  of  the  City;  such  notice  shall  contain  a  state- 
ment of  the  line  along  which  the  proposed  sewer  is  to  be  laid,  and  a  state- 
ment of  the  general  character,  material  and  size  of  such  sewer.  Said  notice 
shall  be  published  at  least  as  many  as  ten  days  before  the  adoption  of  such 
ordinance,  and  said  ordinance  may  be  adopted  at  the  next  meeting  after 
its  introduction,  or  at  any  subsequent  meeting  after  said  notice  has  been 
published.  Substantial  compliance  with  the  above  requirement  as  to  notice 
shall  be  sufficient. 

SECTION  293.  MAY  LAY  SEWERS  THROUGH  PRIVATE  PROP- 
ERTY—TO ASCERTAIN  DAMAGE  ASSESSORS  APPOINTED— MAY 
APPEAL  FROM  AWARD— FOUR  DAYS.— Said  Mayor  and  General  Coun- 
cil are  hereby  authorized  to  construct  and  lay  down  sewers  through  prop- 
erty in  said  City:  Provided,  That  before  doing  so,  any  damage  done  to 
private  property  thereby  shall  be  ascertained  and  paid.  In  order  to  ascer- 
tain the  amount  thereof,  assessors  shall  be  appointed,  who  shall  act  and 
report  as  in  cases  of  opening  streets  in  said  City,  and  from  whose  award 
either  party  may  appeal  to  the  Superior  Court  of  Fulton  County  within 
four   days.  « 

SECTION  294.  SEWER  ASSESSMENT— HOW  MUCH— RIGHTS  OF 
ABUTTING  PROPERTY.— In  all  cases  where  a  sewer  shall  be  laid  by  or 
under  the  authority  of  said  City  in  any  street,  the  sum  of  seventy  cents 
per  lineal  foot  shall  be  assessed  upon  the  property  and  estates  respectively 
abutting  on  said  sewer,  on  each  side  of  said  street  in  which  said  sewer  is 
laid  or  constructed,  and  in  consideration  of  the  payment  of  said  assess- 
ment the  owners  of  said  estates  shall  have  the  right  to  connect  their 
drains  from  said  abutting  property  for  the  discharge  of  sewerage  into  said 
sewer.  The  remaining  cost  of  all  sewers  not  thus  assessed  shall  be  paid  by 
said  City  out  of  the  sewer  appropriations  for  the  year. 

SECTION  29.5.  SEWER  ASSESSMENTS— HOW  MUCH,  WHEN  LAID 
THROUGH  PRIVATE  PROPERTY— RIGHTS  OF  ABUTTING  PROP- 
ERTY-OWNERS.— In  case  any  such  sewer  is  laid  down  or  constructed 
through  or  over  any  private  property,  along  the  course  of  any  natural  drain 
or  otherwise,  a  like  sum  of  seventy  cents  shall  be  assessed  upon  such  prop- 
erty abutting  upon  each  side  of  said  sewer  for  every  lineal  foot,  making  in 

77 


all  one  dpllar  and  forty  cents  for  every  lineal  foot  to  be  assessed  upon  such 
property,  through  which  the  sewers  are  constructed  as  aforesaid,  and,  in 
consideration  of  the  payment  of  said  assessment,  the  owners  of  gaid  estates 
respectively  on  each  side  of  said  sewer,  through  or  over  which  such  sewer 
may  be  constructed,  shall  have  the  right  to  connect  their  drains  from  said 
abutting  property  for  the  discharge  of  sewerage  into  said  sewer. 

SECTION  296.  EXTENT,  CHARACTER,  MATERIAL,  EXPENSE- 
HOW  GOVERNED— SEWERS  LAID  WITHOUT  PETITION  FROM  PROP- 
ERTY-OWNERS.— The  extent  and  character,  material  used  and  expense  of 
sewers  constructed,  as  well  as  the  time  and  manner  of  constructing  the  same, 
shall  be  in  the  discretion  of  the  Mayor  and  General  Council  of  said  City, 
and  to  be  prescribed  from  time  to  time  by  ordinances,  and  upon  like  notice 
and  in  the  same  manner,  and  the  assessments  laid  and  enforced  by  execu- 
tion, levy,  sale,  or  otherwise,  as  in  case  of  ordinances  and  assessments  for 
the  paving  of  streets  in  said  City,  except  that  sewers  hereby  authorized 
may  be  constructed  with  or  without  petition  by  property-owners,  where,  in 
the  judgment  and  discretion  of  the  Mayor  and  General  Council  the  public 
health   and   good  of  the   City   shall   require. 

SECTION  297.  COLLECTION  RESISTED— HOW— WHO  DECIDES.— 
The  Defendant  shall  have  the  right  to  file  an  affidavit  denying  the  whole 
or  any  part  of  the  amount,  for  which  the  execution  issued  is  due,  and  stat- 
ing what  amount  he  admits  to  be  due,  which  amount  so  admitted  to  be  due 
shall  be  paid  or  collected  before  the  affidavit  is  received,  and  the  affidavit 
received  for  the  balance;  and  all  sueh  affidavits  so  received  shall  be 
returned  to  the  Superior  Court  of  Fulton  County,  and  there  tried  and  the 
issue  determined  as  in  cases  of  illegality,  subject  to  all  the  pains  and  pen- 
alties  provided  in   cases  of  illegality  for  delay. 

SECTION  298.  CORNER  LOTS  WITH  SEWERS  IN  BOTH  STREETS 
—EXEMPTION  OF  75  FEET  FROM  ASSESSMENT.— In  case  of  real  estate 
situated  on  street  corners,  and  having  frontage  on  two  streets,  the  owner, 
and  real  estate  thus  situated,  shall  be  assessed  as  by  this  Act  provided  for 
the  frontage  on  the  street,  in  which  a  sewer  is  first  laid,  and,  when  a  sewer 
is  laid  on  the  other  street,  seventy-five  feet  of  frontage  shall  be  exempt 
from  assessment  on  the  owner  and  real  estate  for  the  last-named  sewer. 

78 


SECTION  299.  ASSESSMENT  FOR  SEWERS  A  LIEN  ON  REAL 
ESTATE — ^^VHEN. — The  amount  of  such  assessment  for  sewers  on  each 
piece  of  real  estate  shall  be  a  lien  on  said  real  estate  from  the  day  of  the 
passage  of  the  ordinaftee  providing  for  the  work  and  making  the  assess- 
ment. 

SECTION  300.  SEWERS  THROUGH  PRIVATE  PROPERTY— CLAIMS 
FOR  DAMAGES— ADJUSTMENT.— In  case  of  any  sewer  or  sewers,  or 
parts  of  the  same,  being  built  or  laid  over  or  through  private  property,  if 
the  owner  of  such  property  claim  damages  for  the  occupation  of  said  lands 
by  such  sewer  and  construction  of  the  same  thereon,  give  notice  of  such 
claim,  but  a  failure  to  give  such  notice  shall  in  no  wise  affect  or  prejudice 
the  right  of  such  owner  to  bring  suit  for  damages  sustained.  But  upon 
giving  notice  of  such  claim  for  damages  as  aforesaid,  then  assessors  shall 
be  appointed  to  assess  damages  to  said  land  by  reason  or  on  account  of 
the  construction  of  any  such  sewer  through  or  upon  the  same,  said  assessors 
to  be  appointed,  notice  given,  and  their  award  made  as  in  case  of  property 
taken  for  opening,  widening,  or  straightening  streets  under  the  charter  and 
laws  of  said  City. 

SECTION  301.  ASSESSMENTS  DUE  CONTRACTOR  FOR  SEWER- 
COLLECTION  IN  INSTALLMENTS— HOW— PROVISO  RESTRICTING 
MAYOR  AND  GENERAL  COUNCIL  FROM  INCURRING  INDEBTED- 
]vjESS.— The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have 
power  and  authority  to  provide  by  ordinance  for  the  collection  of  assess- 
ments for  the  construction  of  sewers  in  installments  running  through  a 
series  of  years  to  be  fixed  by  such  ordinances  in  all  cases  where  the  con- 
struction of  said  sewers  is  performed  by  a  contractor  or  contractors;  Pro- 
vided, that  said  Mayor  and  General  Council  shall  not  have  power  and 
authority  to  incur  indebtedness  to  be  paid  by  the  City  from  its  Treasury 
on  account  of  the  construction  of  such  sewers,  which  indebtedness  is  not 
to  be  paid  in  the  year,  in  which  it  is  contraoted. 

SECTION  302.  MAKING  OF  SEWER  CONNECTIONS  MAY  BE  REG- 
ULATED—GENERAL SUPERVISION  BY  MAYOR  AND  GENERAL 
COUNCIL. — For  the  preservation  of  all  sewers  in  said  City  for  the  public 
ruse  and  easements  aforesaid,  the  said  Mayor  and  General  Council  shall  have 
the  authority  to  direct  and  control  the  time  and  manner  in  which  connec- 
tions  shall   be   made   with   such   sewers,    and   by   whom   the   work   is   to   be 

79 


I 
done,  and  upon  what  terms  and  conditions,  and  at  what  point  and  to  what 
extent  surface-water  or  drainage  shall  be  permitted  to  flow  into  sewers,  and 
generally  all  matters  relating  to  the  uses  and  control  and  repairs  of  sewers 
and  sewer  connections,  and  replacing  of  paving  and  other  adjacent  struc- 
tures in  good  condition  shall  be  at  all  times  under  the  regulation  and  con- 
trol of  the  said  Mayor  and  General  Council  in  its  fair  and  legal  discretion. 

SECTION  303.  MAY  PASS  ORDINANCES  FOR  FURTHER  REGULA- 
TION—MAKE INSPECTIONS— BY  WHOM— MAY  WITHHOLD  PLUMB- 
ING LICENSES— FROM  WHOM— WHEN— OTHER  POWERS.— The  Mayor 
and  General  Council  of  said  City  shall  be  authorized  to  provide  by  order, 
resolution,  or  ordinance  of  that  body,  from  time  to  time,  for  the  adoption 
and  enforcement  of  additional  and  suitable  regulations  in  said  City,  such 
as  may  be  needful  and  proper  on  the  subject  of  drainage,  sewerage,  plumb- 
ing, and  all  that  is  or  may  be  needful  for  improved  sanitation,  and  to 
provide  agencies  and  means  for  carrying  out  and  enforcement  of  the  same 
through  its  officers,  or  any  of  its  Bcfards,  and  to  make  all  necessary  inspec- 
tions, to  withhold  authority  and  license  for  plumbing  to  any  but  competent 
persons,  and  to  do  all  else  that  is  or  may  be  needful  to  require  compliance 
by  individuals  with  the  rules  thus  adopted,  and  shall  have  power  to  make 
alterations  and  amendments  thereto,  as  from  time  to  time  may  be  needed. 

SECTION  304.  MAY  CONSTRUCT  SEWERS  WITHOUT  THE  CITY 
LIMITS— MAY  OPERATE  PLANTS  OR  MEANS  FOR  DISPOSAL  OP 
SEWAGE  WITHOUT  THE  CITY  LIMITS.— The  Mayor  and  General  Council 
of  the  City  of  Atlanta  are  hereby  authorized,  in  their  discretion,  to  lay  and 
construct  sewers,  of  whatever  form,  fashion,  and  material  as  in  their  judg- 
ment may  be  proper,  safe,  and  sanitary  without  the  limits  of  the  City  of 
Atlanta,  as  well  as  and  to  as  full  an  extent  as  now  authorized  within  the 
limits  of  said  City,  and  they  are  further  authorized  and  empowered,  in 
their  discretion,  to  prepare,  construct,  and  operate  plants,  means,  methods 
or  whatever  system  in  their  discretion  is  best  for  the  disposal  of  sewage 
matter,  and  said  plants  or  systems  or  methods  may  be  constructed  and 
operated  without  the  limits  of  the  City  of  Atlanta,  as  well  as  within  the 
limits  of  said  City,  in  the  discretion  of  the  Mayor  and  General  Council. 

SECTION  305.  MAY  CONDEMN  LANDS  OUTSIDE  OF  CITY  FOR 
SEWAGE  PURPOSES  OR  DISPOSAL  PLANTS.— Power  and  authority  i& 
vested  in  the  Mayor  and   General   Council   of  said   City   to   condemn   lands,, 

80 


leases,  and  all  other  interest  in  real  estate,  whereby  possession  and  title  to 
land,  and  as  much  thereof  as  may  be  necessary,  may  be  procured  by  said 
City  for  the  construction  of  sewers,  as  above  provided,  as  well  as  plants, 
means,  or  methods  for  the  disposal  of  sewage  matter,  all  as  above  pro- 
vided, without  the  limits  of  the  City  of  Atlanta,  in  whatever  direction  and 
to  whatever  extent  it  may  be  deemed  necessary  and  proper  within  the  dis- 
cretion of  said   Mayor  and   General   Council. 

SECTION  306.  POWER  OF  EMINENT  DOMAIN— TANYARD  BRANCH 
—SEWERAGE  OUTLET— RIGHT  TO  CONDEMN  ADJACENT  LAMD.— " 
The  power  of  eminent  domain  is  hereby  conferred  upon  the  said  City  of 
Atlanta,  in  so  far  as  may  be  necessary  to  take  charge  of  and  control  the 
waters  known  as  Tanyard  Branch  for  sewerage  and  sanitary  purposes,  with 
the  right  to  condemn  said  water-way  and  adjacent  land  as  is  now  made  and 
provided  by  law  in   such   cases. 


CHAPTER   XVIII. 
BOARD  OF  HEALTH. 


SECTION  307.  BOARD  OF  HEALTH— HOW  COMPOSED.— The  Board 
of  Health  of  said  City  of  Atlanta  shall  be  composed  of  a  number  corre- 
sponding to  the  number  of  Wards  in  said  City,  except  that  the  Mayor  shall 
be  ex-officio  a  member  of  said  Board,  and  the  Chairman  of  the  Committee 
of  the  General  Council,  to  which  is  referred  matters  relating  to  the  Depart- 
ment shall  also  be  ex-officio  a  member  of  said  Board. 

SECTION  308.  MEMBERS  OF  BOARD  FROM  EACH  WARD— HOW 
ELECTED — BY  WHOM. — The  other  members  shall  be  elected  by  the  Gen- 
eral Council,  one  to  be  selected  from  each  Ward  in  the  City  of  Atlanta. 

SECTION  309.  TWO  RESIDENTS  OF  SAME  WARD  NOT  ELIGIBLE 
AT  SAME  TIME. — At  no  time  shall  two  residents  of  the  same  Ward  be 
eligible  or  permitted  to  serve  on  said  Board  at  the  same  time. 

SECTION  310.  SHALL  HOLD  OFFICE  THREE  YEARS.— The  mem- 
bers so  elected  shall  hold  office  for  a  term  of  three  years. 

81 


SECTION    311.     QUORUM.— A    majority    of    (the    Board)     shall    be    a 

quorum  for  the   transaction   of  business. 

-•■-'.       ^         •■  ■  "i  ■        ■ 

SECTION  312.  MEETINGS— HOW  OFTEN— DUTIES.^It  shall  be  the 
duty  of  said  Boar(J  of  Health  to  meet  weekly,  or  as  often  as  may  be  neces- 
sary, to  visit  every,  part  of  the  City,  and  to  report  to  the  Mayor  and  Gen- 
eral Council  all  nuisances,  which  are  likely  to  endanger  the  health  of  the 
City  or  of  any  neighborhood. 

SEPTION  313.  ABATEMENT  OF  NUISANCES— REPORTS  BY 
BOARD  OF  HEALTH.— Said  Mayor  and  General  Council  shall  have  power, 
upon  the  report  of  said  Board  6f  Health,  to  cause  such  nuisances  to  be 
abated,  and  its  recommendation  to  be  carried  out  in  a  summary  manner, 
at  the  expense  of  the  party  whose  act  or  negligence  caused  such  nuisance, 
or  of  the  owner  of  the  property,  upon  which  the  same  may  be  located,  as 
the  Mayor  and  General  Council  shall  elect. 

SECTION  314.  BOARD  MAY  ALSO  ABATE  NUISANCES.— The  Board 
of  Health  of  the  C!ity  of  Atlanta  may  exercise  the  same  power  as  is  now 
vested  in  the  Mayor  and  General  Council  of  said  City,  relating  to  the 
abatement  of  nuisances,  which  are  likely  to  endanger  the  health  of  said 
City,  or  any  neighborhood  therein,  to  such  extent,  and  under  such  regula- 
tions as  may  be  prescribed  by  the  Mayor  and  General  Council;  Provided, 
that  nothing  in  this  section  shall  be  construed  so  as  to  divest  the  power  to 
cause  such  nuisances  to  be  abated,  which  the  said  Mayor  and  General  Coun- 
cil  have  under  this  Charter. 

SECTION  315.  MAY  CAUSE  DRAINAGE  OR  FILLING  OF  LOTS  AND 
CELLARS.— The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall 
have  full  power,  upon  the  recommendation  of  said  Board  of  Health,  to  cause 
the  owners  of  lots  or  cellars,  within  the  corporate  limits  of  said  City,  to 
drain  or  fill  the  sanie  to  the  level  of  the  streets  or  alleys,  upon  which  said 
lots  or  cellars  are  located. 

SECTION  316.  PENALTY  FOR  FAILURE  OR  REFUSAL  TO  COM- 
PLY WITH  ORDER.-^If  the  owner  of  said  lots  or  cellars,  or  the  occupants 
of  the  same,  in  the  discretion  of  the  (!oiincil,  shall  fail  or  refuse,  after 
reasonable  notice  to  him  or  his  agents,  to  feomply  with  the  requirements  of 
said  Mayor  and  General  Council,  by  draining  said  lots  or  cellars,  or  by 
filling  up  the  same,  it  shall  be  lawful  for  said  Mayor  and  General  Council 

82 


to  have  this  work  performed,  and  the  amount  so  expended  collected  by 
executions  issued  by  the  Clerk  of  said  Council  against  the  owner  or  occu- 
pant of  the  lots  or  cellars,  as  the  said  Mayor  and  General  Council  may 
elect,  and  a  sale  under  said  execution  shall  pass  a  complete  and  perfect  title 
to  the  property  sold  as  a  sale  by  the  Sheriff  under  a  judgment  and  execution. 

SECTION  317.  COMPULSORY  VACCINATION— BY  WHOM— PEN- 
ALTY FOR  REFUSAL.— Said  Mayor  and  General  Council  shall  have  full 
power  and  authority  to  provide  by  ordinance  for  the  frequent  and  com- 
pulsory vaccination  of  all  persons  in  said  City  by  suitable  qualified  physi- 
cians to  be  selected  by  the  Board  of  Health  of  said  City,  and  to  provide 
and  enforce  suitable  and  adequate  penalties  against  any  and  all  persons, 
who  shall  refuse  to  submit  to  vaccination  in  accordance  with  the  provisions 
or  requirements  of  such  ordinance. 

SECTION  318.  CREMATORIES— HOW  ESTABLISHED  AND  OPER- 
ATED—WHERE LOCATED.— The  City  of  Atlanta  shall  have  power  and 
authority  upon  the  advice  and  recommendation  of  the  Board  of  Health,  and 
through  the  agency  of  said  Board,  or  such  other  agency  as  it  may  select, 
to  establish  and  operate  crematories,  as  many  as  may  be  necessary,  for 
the  proper  disposal  of  the  night  soil,  garbage,  and  other  refuse  of  said 
City,  and  at  such  different  places  as  may  be  selected  by  said  City,  with 
proper  consideration  for  the  just  and  equal  distribution  of  said  refuse  mat- 
ter; Provided,  nevertheless,  that  nothing  in  this  Act  contained,  shall  be 
held  or  construed  to  affect  any  pending  litigation;  and  provided  further 
that  this  Act  shall  not  be  taken  or  construed  to  relieve  said  City  from  any 
liability  for  damages,  which  may  accrue  to  person  or  property  from  said 
crematories. 

SECTION  319.  LIVERY  STABLES— WHERE  LOCATED— CONDI- 
TIONS—LIMITS.  The  Mayor  and  General  Council  of  the  City  of  Atlanta 
shall  have  power  and  authority  to  determine  by  ordinances  passed  from 
time  to  time  on  what  streets  or  within  what  limits  livery  stables  hereafter 
erected  shall  be  located,  and  to  prohibit  the  erection  or  occupancy  of  places 
other  than  the  places  or  the  limits  prescribed  by  such  ordinances,  and  to 
enforce  penalties  for  the  violation  of  such  ordinances  as  for  violation  of 
other   such   penal   ordinances   of   said   City. 

83 


SECTION  320.  PRIVATE  STABLES— HOW  REGULATED— WHEN 
ERECTION  FORBIDDEN.— The  Mayor  and  General  Council  of  the  City 
of  Atlanta  shall  have  power  and  authority  to  pass  and  enforce  ordinances 
providing  for  the  location,  use,  and  cleanliness  of  private  stables,  and  for- 
bidding the  erection  or  use  of  such  stables  when  they  are  likely  to  be 
injurious  to  the  health  of  citizens. 

SECTION  321.  MAY  PASS  ORDINANCES  FOR  REGULATION  OF 
SANITATION. — The  said  Mayor  and  General  Council  shall  have  full  power 
to  pass  all  ordinances  that  may  be  necessary  to  carry  the  provisions  of 
this  Act  into  complete  and  full  effect. 

SECTION  322.  SANITARY  APPROPRIATION— WHEN  MADE— BY 
WHOM  EXPENDED.— The  Mayor  and  General  Council  of  said  City,  at  the 
time  the  annual  appropriations  are  made  in  June  of  each  year,  shall  set 
apart  and  appropriate  such  amount  as  the  probable  income  of  the  City 
will  authorize  for  sanitary  purposes,  the  same  t.o  be  expended  bj^  the  Board 
of   Health   of   said   City   for   such   purposes. 

SECTION  323.  ACT  MAY  BE  PLEAD  AS  BAR  TO  ACTION  AGAINST 
MAYOR  AND  GENERAL  COUNCIL.— This  Act  may  be  plead  as,  and 
shall  be,  a  complete  bar  to  any  action  brought  against  the  said  Mayor  and 
General  Council,  or  either  of  them,  for  any  act  done  by  them  under  its 
provisions  and  the  ordinances  passed  in  pursuance   of  it. 

SECTION  324.  VACANCIES  IN  BOARD— HOW  FILLED.— The  Mayor 
and  General  Council  of  the  City  of  Atlanta  shall  have  full  power  and 
authority  to  fill  any  vacancies  that  may  occur  in  the  Board  of  Health. 


84 


CHAPTER   XIX. 

PUBLIC   WORKS,   STREETS,   SIDEWALKS,   GRADES,   ETC. 

SECTION  325.  MAY  LAY  OUT  STREETS— WIDEN— STRAIGHTEN 
— OTHERWISE  CHANGE  SAME.— The  said  Mayor  and  General  Council 
shall  have  full  power  and  authority  to  open,  lay  out,  to  widen,  straighten, 
or  otherwise  change  streets,  alleys  and  squares  in  the  said  City  of  Atlanta. 

SECTION  326.  DAMAGES— HOW  ASSESSED— RIGHT  OF  APPEAL. 
— Whenever  the  said  Mayor  and  General  Council  shall  exercise  the  power 
above  delegated,  they  shall  appoint  two  freeholders,  and  the  owners  of 
said  lots  fronting  on  side-streets  or  alleys  shall,  on  five  days'  notice,  appoint 
two  freeholders,  who  shall  proceed  to  assess  the  damages  sustained,  or  the 
advantages  derived,  by  the  owner  or  owners  of  said  lots,  in  consequence  of 
the  opening,  widening,  straightening,  or  otherwise  changing  said  streets 
and  alleys;  and  in  ease  said  assessors  can  not  agree,  they  shall  select  a 
fifth  freeholder,  the  said  assessors  to  take  an  oath  that  they  will  faithfully 
discharge  their  duties,  and  either  party  to  have  the  right  to  enter  an 
appeal  to  the  Superior  Court  of  Fulton  County  within  ten  days  from  the 
rendition  of  said  award. 

(General   law — Code   of   189.5,   Sections   4657    et    seq — covers   the    above,   but 
none  of  this  matter  or  following  matter  has  been  specifically  repealed). 

SECTION  327.  ASSESSORS  BY  CITY— WHEN  THEY  ACT— HOW.— 
If  any  property  owner  shall  fail,  after  notification,  to  appoint  assessors 
by  the  time  prescribed,  then  the  two  assessors  appointed  by  the  City 
shall  proceed  to  make  the  assessment,  and,  in  the  event  they  fail  to  agree 
they  shall  call  in  a  third  freeholder,  who  shall  be  sworn,  and  act  with 
them,  and  the  finding  of  the  majority  shall  stand  as  the  award,  unless 
appeal   be   entered   in   conformity  to   law. 

SECTION  328.  ASSESSORS— DUTIES— WHEN  FIFTH  ASSESSOR 
APPOINTED — HOW. — Said  Assessors  so  appointed,  as  now  provided  by 
the  Charter  of  said  City  shall,  within  three  days  after  notice  to  them  of 
their  appointment,  meet  at  the  office  of  the  Clerk  of  the  Mayor  and 
General  Council  of  Atlanta,  at  twelve  o 'colck  M.  on  a  day  designated  by 
said  Clerk,  and,  if  there  is  not  a  full  attendance  of  such  Assessors,  those 
present   shall   adjourn   until   twelve   o'clock   on   the   next   day,   and   it   shall 

85 


be  the  duty  of  the  Clerk  to  at  once  give  notice  to  such  absent  Assessor 
of  such  adjournment,  and  appointment  for  another  meeting.  At  such  first 
day,  so  appointed,  or  the  day  thereafter,  as  the  case  may  be,  those 
present  shall  take  an  oath  before  the  Mayor,  or  any  officer  authorized 
to  administer  oaths,  faithfully  and  impartially  to  perform  the  duties,  for 
which  they  are  appointed,  and  immediately  after  taking  and  subscribing 
to  the  oath  aforesaid,  they  shall,  before  proceeding  to  the  consideration 
of  the  question  submitted,  select  a  fifth  Assessor,  who  shall  act  as  umpire, 
and  take  and  prescribe  the  oath  prescribed  for  Asessors,  as  above  stated, 
and,  should  such  fifth  Assessor  or  umpire  fail  or  refuse  to  serve,  then 
another  shall  in  like  manner  be  selected,  and  so  on  until  an  umpire  shall 
be   chosen. 

SECTION  329.  IF  NO  FIFTH  ASSESSOR  AGREED  UPON,  MAYOR 
AND  GENERAL  COUNCIL  APPOINT— AWARD  MADE— WHEN.— In  the 
event  that  the  Assessors  appointed  on  the  part  of  the  City  and  those 
appointed  on  the  part  of  the  property  owners  cannot  agree,  or  fail  or 
refuse  to  agree  on  a  fifth  Assessor  or  umpire  within  two  days  after  they 
organize,  or  take  the  oath  as  herein  prescribed,  the  Clerk  aforesaid  shall 
at  the  next  meeting  of  the  Mayor  and  General  Council,  give  notice  of 
such  failure  or  refusal,  and  said  Mayor  and  General  Council  shall  appoint 
or  elect  such  fifth  Assessor,  and  he,  with  any  two  or  three  more  of  the 
other  Assessors,  shall  within  five  days  thereafter  proceed  to  make  an 
award,  and  report  the  same  as  now  provided. 

SECTION  330.  MAY  APPEAL  FROM  AWARD— PROVISO.— This  Act 
shall  not  be  construed  to  repeal,  or  change  the  right  of  appeal  from  any 
award  to  the  Superior  Court,  which  now  exists,  nor  to  repeal  or  change 
the  law,  which  now  provides  the  mode  of  procedure  and  assessment  in 
such  cases  where  the  property  owner  or  owners  fail  on  notice  to  appoint 
Assessors  appointed  by  said  City,  nor  shall  this  Act  be  construed  to 
affect  the  right  of  the  City  to  adopt  or  reject  any  award,  as  now  provided 
by  the  Charter  thereof.      (See  Section  346). 

SECTION  331.  CITY  MAY  DECLINE  TO  TAKE  PROPERTY,  IF 
AWARD  TOO  HIGH  OR  UNREASONABLE.— Whenever  it  is  proposed  that 
any  property  be  taken  for  public  use,  under  authority  of  said  _  City,  in 
any   department   thereof,   whether   for   streets,   sewers,   waterworks,   or   any- 

86 


public  purpose,  and  the  same  shall  be  assessed,  or  a  price  fixed,  or  award 
made  as  provided  by  law,  it  shall  be  optional  with  the  City  Government 
to  decline  accepting  the  property,  should  the  price  thus  fixed,  or  award 
made,  be  deemed  by  the  General   Council   to  be   too   high   or  unreasonable. 

SECTION  332.  MAY  FIX  SYSTEM  FOR  GRADING  AND  DRAINING 
STREETS. — The  said  Mayor  and  Council  shall  have  full  power  and 
authority  to  establish  and  fix  such  a  system  of  grading  and  draining  of 
the   streets   of   said   City   as   they   may   deem   proper. 

SECTION  333.  PERMANENT  GRADES  FIXED— APPLICATION  BY 
PROPERTY  OWNER— CONDITIONS— OWNER  CAN  RECOVER  DAMA- 
GES, IF  INJURY  DONE  AFTERWARDS.— Any  person  or  corporation 
owning  real  estate  in  said  City,  within  three-quarters  (%)  of  a  mile  of 
the  carshed,  desiring  to  improve  the  same,  shall  possess  the  right  to  have 
the  grade  of  any  street,  bordering  on  the  same,  permanently  established, 
by  complying  with  the  following  conditions,  to-wit:  The' owner,  his  agent 
or  attorney,  shall  make  an  affidavit  stating  the  ownersip  and  description  of 
the  property,  that  it  is  intended  to  make  improvement  on,  either  fencing  or 
building,  or  otherwise;  that  such  improvements  are  to  cost  above  the  sum 
of  one  hundred  dollars,  and  that  he  desires  to  have  the  grade  of  such 
street  or  streets  established.  A  copy  of  such  affidavit  shall  then  be  served 
on  the  City  Surveyor  or  Engineer,  whose  duty  it  shall  be,  within  thirty 
days  thereafter,  to  make  the  necessary  survey  and  fix  the  grade  of  such 
street,  and  make  a  plat  or  profile  showing  the  same,  and  shall  deliver  it  to 
the  applicant,  together  with  the  affidavit  of  said  surveyor,  showing  that 
the  same  is  correct  and  fair,  and  upon  the  same  being  filed,  together  wfth 
the  original  affidavit,  in  the  office  of  the  Clerk  of  the  Superior  Court  of 
Fulton  County  for  record,  the  owner  shall  thereupon  have  a  vested  right  ia 
such  grade,  and  shall  be  entitled  to  recover  damages  from  the  City  for  any 
injury  done  to  said  property,  should  the  City  thereafter  alter  such  grade; 
such  damages  to  be  ascertained,  recovered,  and  paid  in  the  manner,,  in  whi'  ih 
the  laws  and  ordinances  in  force  at  the  time  may  provide  for  ascertaining, 
recovering,  and  paying  damages  done  to  property  in  laying  out  or  widening 
streets. 

SECTION  334.  APPLICATIONS  NOT  UNDER  OATH— WHEN— CON- 
DITIONS— HOW  ALTERED  THEREBY.— In  case  the  owner  of  any  real 
estate  in   said  city  desires  to  have  the   grade  fixed,  as  aforesaid,   for  any 

87 


reason  other  than  a  purpose  to  make  improvements  on  the  same,  he  shall 
make  his  application,  in  writing,  not  under  oath,  to  the  City  Surveyor  or 
Engineer,  but  need  not  incorporate  any  reason  therein,  upon  which  all  sub- 
sequent proceedings  shall  be  the  same  as  above  set  forth,  such  written  ap- 
plication taking  the  place  of  the  affidavit  provided  for  in  the  foregoing 
Section  of  this  Charter;  Provided  that,  when  the  party  proceeds  by  written 
application,  not  under  oath,  as  aforesaid,  the  authorities  of  the  City  shall 
have  six  months  instead  of  thirty  days,  in  which  to  make  and  return  the 
survey  aforesaid. 

SECTION  335.  MAYOR  AND  GENERAL  COUNCIL  TO  CONTROL 
'GRADES  OF  STREETS  FIXED  BY  CITY  ENGINEER.— Nothing  in  this 
Charter  contained  shall  operate  to  interfere  with  the  control  had  by  the 
Mayor  and  General  Council  of  said  City  over  the  manner  in  which  the 
City  Surveyor  or  Engineer  shall  execute  their  instructions,  or  the  instruc- 
tions of  the  Committees  in  regard  to  the  grade  of  any  street;  but  any 
failure  or  dispute,  which  may  happen  therein,  shall  not  operate  to  delay, 
hinder,  or  affect  the  remedy  given  by  this  Act  (1874)  to  any  owner  of 
property  seeking  to  have  his  grade  established  as  aforesaid. 

SECTION  336.  POWER  TO  GRADE,  PAVE,  MACADAMIZE  STREETS 
— CONSTRUCT  SIDEWALKS— LAY  CURBING,  CROSS-DRAINS,  ETC.— 
The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  full  power 
and  authority  in  their  discretion,  to  grade,  pave,  macadamize,  and  other- 
wise improve  for  travel  and  drainage  the  streets  and  public  lanes  and  alleys 
of  said  City,  and  to  construct  sidewalks  and  pave  the  same;  to  put  down 
curbing,  cross-drains,  crossings,  and  otherwise  improve  the  same. 

SECTION  337.  MAY  ORDER  PAVEMENTS  OR  SIDEWALKS.— 
They  shall  have  full  power  and  authority  to  order  such  pavements  or  side- 
walks  laid   down   as  they   deem   proper. 

SECTION  338.  IF  NOT  LAID  UPON  ORDER,  AS  ABOVE,  THEN  CITY 
MAY  DO  SO,  AND  COLLECT.— Upon  failure  of  any  person  to  comply  with 
the  same  within  the  time  prescribed,  the  said  Mayor  and  General  Council 
may  have  the  same  done,  and  levy  and  collect  th'e  expense  thereof  by  execu- 
tion against  the  lands  and  goods  and  chattels  of  the  owner  of  the  lot  or 
lots. 

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SECTION  339.  MAY  ASSESS  COST  OF  SIDEWALKS  AND  CURB- 
ING.— In  order  to  fully  carry  into  effect  the  authority  above  delegated, 
said  Mayor  and  General  Council  shall  have  full  power  and  authority  to 
assess  the  cost  of  paving  and  otherwise  improving  the  sidewalks,  including 
all  necessary  curbing  for  the  same,  on  the  real  estate  abutting  on  the  street, 
and  on  the  side  of  the  street  on  which  the  sidewalk  is  so  improved. 

SECTION  340.  EQUALIZE  ASSESSMENTS  BY  ESTIMATING  TOTAL 
COST,  AND  PRORATING  ACCORDING  TO  FRONTAGE.— Said  Mayor  and 
General  Council  are  further  authorized  and  empowered  to  adopt  by  ordi- 
nance a  system  of  equalizing  said  assessments  by  estimating  the  total  cost 
of  each  improvement  made,  and  prorating  the  cost  thereof  on  the  real  es- 
tate according  to  its  frontage  on  the  street  or  portion  of  street  so  improved, 
in  proportion  to  the  number  of  front  feet  of  each  lot  or  parcel  of  land  abut- 
ting on  such  street  or  portion  of  street. 

SECTION  341.  ASSESS  TWO-THIRDS  OF  COST  TO  ABUTTING 
PROPERTY.— The  Mayor  and  General  Council  shall  also  have  full  power 
and  authority  to  assess  two-thirds  of  the  cost  of  grading,  paving,  macadam- 
izing, constructing  side-drains,  cross-drains,  crossings,  and  otherwise  im- 
proving the  right-of-way,  or  street  proper,  on  the  real  estate  abutting  on 
each  side  of  the  street  improved.  .  .  .  One-third  of  said  cost  to  be  so 
assessed,  as  herein  provided,  upon  the  real  estate  abutting  on  one  side 
of  the  street  thus  improved,  and  one-third  of  said  cost  to  be  assessed,  as  here- 
in provided,  upon  the  real  estate  abutting  on  the  other  side  of  the  stree. 
so  improved,  in  this  way  making  up  two-thirds  of  the  cost  to  be  assessed 
against  the  abutting  property- owners,  as  above  provided. 

SECTION  342.  EQUALIZE  ASSESSMENTS  BY  ESTIMATING  TOTAL 
COST,  AND  PRO-RATING  ACCORDING  TO  FRONTAGE.— Said  Mayor 
and  General  Council  are  further  authorized  and  empowerea  to  adopt  by 
ordinance  a  system  equalizing  said  assessments  by  estimating  the  total 
cost  of  each  improvement  made,  and  prorating  tlie  cost  thereof  on  the  real 
estate  according  to  its  frontage  on  the  street  or  portion  of  street  so  im- 
proved, in  proportion  to  the  number  of  front  feet  of  each  lot  or  parcel  of 
land  abutting  on  such  street  or  portion  of  street. 

89 


SECTION  343.  PETITION  FOB  PAVING  NECESSARY— BY  PROP- 
ERTY OWNERS— NOT  GOTTEN  UP  BY  PAVING  CONTRACTORS- 
ENGINEER  AND  COMMISSIONER  OF  PUBLIC  WORKS  TO  APPROVE.— 
In  order  to  exercise  the  authority  hereinbefore  conferred  upon  said  Mayor 
and  General  Council,  it  shall  be  necessary  that  the  owners  of  at  least  one- 
half  the  real  estate  abutting  on  the  street  or  portion  of  the  street  to  be 
macadamized,  paved,  or  otherwise  improved,  in  writing  petition  to  the 
Mayor  and  General  Council  to  make  such  improvements;  such  petition  in  no 
case  to  be  gotten  up  by  paving  contractors,  and  the  work  petitioned  for 
shall  have  the  approval  of  the  City  Engineer  and  the  Commissioner  of 
Public  Works,  who  shall  also  furnish  a  statement  of  its  estimated  cost. 

SECTION  344.  NOTICE  OF  PETITION  TO  BE  PUBLISHED— HOW 
LONG— HOW  ACTED  UPON.— Upon  the  filing  of  such  application,  the 
Mayor  and  General  Council  shall  cause  a  notice  of  the  presentation  of 
such  petition,  and  of  the  time  and  place  when  the  same  will  come  up  for 
consideration  and  action,  to  be  published  in  one  of  the  daily  papers  pub- 
lished in  said  City,  at  least  ten  days  before  an  ordinance  shall  be  passed 
based  on  said  petition.  When  the  petition  comes  up  for  action,  opportunity 
shall  be  given  to  all  persons  interested  to  advocate  or  oppose  the  granting 
of  the  petition.  An  ordinance  shall  be  passed  directing  the  said  work  to 
be  done. 

SECTION  34.5.  DECISION  OF  MAYOR  AND  GENERAL  COUNCIL 
FINAL  AS  TO  RIGHTS  OF  PERSONS,  AFTER  THE  WORK  IS  ORDERED 
DONE,  AND  IS  DONE. — In  all  cases  where  the  petition  appears  to  be 
signed  by  sufficient  frontage  to  authorize  the  passage  of  the  ordinance, 
and  the  Mayor  and  General  Council  determine  that  it  is  sufficient  to  author- 
ize the  passage  of  the  ordinance,  which  determination  shall  be  evidenced 
by  the  passage  of  the  ordinance,  and  the  work  is  executed  thereunder,  and 
notice  has  been  published  as  hereinbefore  provided  for,  the  determination 
of  the  Mayor  and  General  Council  as  to  the  sufficiency  of  the  petition  shall 
be  final  as  to  tlie  rights  and  interests  of  all  persons  or  corporations  inter- 
ested, who  have  not  prevented  the  execution  of  the  work  by  an  injunction 
or  other  appropriate  legal  or  equitable  remedy  before  it  is  commenced. 

SECTION  346.  MAY  REPAVE— SIMILAR  PROCEDURE— WHEN.— 
The  said  Mayor  and  General  Council  shall  have  as  full  power  to  repave  any 
street  or  alley,  or  portion  of  such  street  or  alley,  upon  like  petition,   and 

90 


after  proceedings,  and  to  levy  and  collect  assessments  therefor  as  in  cases; 
of  original  paving  provided  for  under  this  Act,  whenever  in  the  judgment 
of  said  Mayor  and  General  Council  the  paving  originally  laid  on  such  street, 
or  portion  of  street  or  alley  is  worn  out  to  that  extent  that  it  is  no  longer- 
useful   as  a   good  pavement. 

SECTION  347.  WORK  HONE— BY  WHOM— UNDER  WHOSE  DIREC- 
TION.— This  work  may  be  done  under  the  immediate  direction  of  the 
Mayor  and  General  Council,  or  through  the  medium  of  Contractors,  each 
piece  of  work  to  be  separately  contracted  for. 

SECTION  348.  CITY  TO  KEEP  STREETS  IN  REPAIR— PAVED  OR, 
UNPAVED. — The  power  and  duty  of  the  Mayor  and  General  Council  of  said 
City  to  keep  its  streets,  whether  paved,  or  unpaved,  in  repair,  and  to  pay 
for  such  repairs  out  of  the  general  fund  of  said  City  is  in  no  way  affected 
by  the  passage  of  this  Act. 

SECTION  349.  MATERIAL  FOR  PAVING— HOW  SELECTED.— The 
material  to  be  used  in  paving  or  otherwise  improving  streets  shall  be  suck 
as  the  Mayor  and  General  Council  shall  select  in  each  case. 

SECTION  350.  MAY  PAVE  FOUR  SQUARES  OF  ANY  STREET  CON- 
NECTING WITH  PAVED  STREETS— WHEN— UPON  PETITION  OF  HOW 

MANY HOW  ENFORCED. — The  Mayor  and  General  Council  of  said  City, 

are  authorized  in  their  discretion  to  grade,  pave,  macadamize,  and  otherwise 
improve  for  travel  and  drainage,  the  streets  and  alleys,  not  exceeding  four- 
squares thereof,  which  connect  to  other  streets  already  improved,  upon  the 
petition  of  abutting  owners,  having  less  than  one-half  and  not  less  than, 
one-third  frontage,  the  same  to  be  done  in  the  manner  prescribed  by  said 
Act,  or  amendments  to  the  same,  the  cost  thereof  to  be  ascertained,  paid 
for,  and  payments  enforced  in  like  manner  as  is  or  may  be  provided  by  law 
and  ordinances  of  said  City  iu  other  cases. 

SECTION  351.  MAY  GRADE  AND  PAVE  FOUR  SQUARES  OF  ANY 
STREET  TO  CONNECT  IMPROVED  STREETS— WHEN— UPON  PETI^ 
TION  OF  HOW  MANY— HOW  ENFORCED.— The  Mayor  and  General 
Council  of  said  City  are  authorized  in  their  discretion,  in  addition  to  the 
powers  conferred  by  the  above  recited  Acts,  to  grade,  pave,  macadamize, 
and  otherwise  improve  for  travel  and  drainage,  streets  and  alleys  in  said 
City,  not  to  exceed  four  squares  of  any  street  or  alley,  a  portion  of  which 

91 


street  or  alley  is  already  paved  or  macadamized  or  otherwise  improved  when 
such  improvements  by  paving,  macadamizing,  or  otherwise,  will  connect  a 
portion  or  portions  of  such  street  or  alley  already  improved,  or  will  connect 
an  improved  portion  of  such  street  or  alley  with  another  improved  street 
or  alley,  upon  the  petition  of  abutting  owners  having  less  than  one-half  and 
not  less  than  one-third  frontage  on  the  street  or  alley,  or  portion  of  the 
street  or  alley,  the  improvement  of  which  is  petitioned  for,  the  same  to  be 
done  in  the  manner  prescribed  by  said  above  recited  Acts,  of  which  this  Act 
is  amendatory,  or  amendments  of  either  of  said  Acts,  the  cost  thereof  to  be 
•  ascertained,  paid  for,  and  payment  enforced  in  like  manner  as  is  or  may 
be  provided  by  law,  and  ordinances  of  said  City  in  other  cases. 

SECTION  352.  ASSESSMENT  A  LIEN  ON  REAL  ESTATE— WHEN.— 
The  amount  of  assessment  on  each  piece  of  real  estate  shall  be  a  lien  on 
^aid  real  estate  from  the  day  of  the  passage  of  the  ordinance  providing 
for  the  work,  and  making  the  assessment. 

SECTION  353.  PRIORITY  OF  LIEN  OF  ASSESSMENT  FOR  STREET 
OR  SIDEWALK  PAVING  OR  CURBING  OR  SEWERS— DATES  FROM 
PASSAGE  OF  ORDINANCE.— The  lien  given  by  existing  law  to  the  City 
of  Atlanta  for  assessments  upon  abutting  property,  and  also  upon  the  prop- 
erty of  street  railroad  companies,  for  street  or  sidewalk  paving  or  curbing, 
or  the  construction  of  sewers,  shall  have  rank  and  priority  of  payment,  next 
in  point  of  dignity  to  the  liens  in  favor  of  the  City  of  Atlanta  for  taxes 
■due  said  City,  such  lien  and  priority  of  payment  to  exist  from  the  date  of 
the  passage  of  the  ordinance  authorizing  the  execution  of  the  work  in 
•each  case. 

,  SECTION  354.  MAY  ENFORCE  PAYMENT  OF  ASSESSMENT— HOW 
—EXECUTION  ISSUED  AND  LEVIED— HOW.— The  Mayor  and  General 
Council  of  said  City  shall  have  authority  to  enforce  the  collection  of  the 
amount  of  any  assessment  so  made  for  work  either  upon  streets  or  sidewalks, 
by  execution  to  be  issued  by  the  Clerk  of  Council  against  the  real  estate 
assessed,  and  against  the  owner  thereof,  at  the  date  of  the  ordinance  making 
the  assessment,  which  execution  may  be  levied  by  the  Marshal  of  said  City 
on  such  real  estate,  and  after  advertisement  and  other  proceedings  as  in 
cases  of  sales  for  City  taxes,  the  same  may  be  sold  at  public  outcry  to  the 
highest  bidder,  and  such  sale  vests  title  in  the  purchaser  as  in  case  of  tax 
sales,  provided  that  the  defendant  shall  have  the  right  to  file  an  affidavit 

92 


denying  that  the  whole  or  any  part  of  the  amount  for  which  the  execution 
issued  is  due,  and  specifying  fully  the  grounds  of  such  denial  of  liability, 
and  stating  what  amount  he  admits  to  be  due,  which  amount  so  admitted 
to  be  diLie  shall  be  paid  or  collected  before  the  affidavit  is  received,  and 
the  affidavit  received  for  the  balance,  and  all  such  affidavits  so  received 
shall  be  returned  to  the  Superior  Court  of  Fulton  County,  and  there  tried,, 
and  the  issue  determined  as  in  cases  of  illegality,  subject  to  all  the  pains, 
and  penalties  provided  in  cases  of  illegality  for  delay;  Provided,  the  Judge 
of  said  Superior  Court  shall  have  authority  to  dismiss  any  such  affidavit  of 
illegality  for  insufficiency  before  the  time,  when  the  same  would  regularly 
come   up   for  trial. 

SECTION  355.  MAY  KEDEEM  PROPEETY  SOLD  UNDER  EXECU- 
TION FOR  PAVING  AS  IN  CASE  OF  TAX  SALES.— At  all  sales  of  prop- 
erty hereafter  made  under  execution  made  in  behalf  of  the  City  for  the 
collection  of  street,  sewer,  and  other  assessments,  the  owner  or  owners,  an. 
the  case  may  be,  shall  be  authorized  to  redeem  the  same  within  the  same 
time,  on  compliance  with  the  same  terms,  and  payment  of  same  premiums^ 
interest  and  cost  as  in  cases  of  redemption  of  property  where  sold  under 
tax  fi.  fa.  or  fi  fas.  as  now  is,  or  from  time  to  time  may  be,  provided  by  law. 

REQUIREMENTS  OF  STREET  RAILROADS. 

SECTION  356.  STREET  RAILWAY  PAYS  FOR  ELEVEN  FEET  OF 
PAVING,  WHETHER  PAVING  IS  LAID  BEFORE  OR  AFTER  LAYING 
THE  TRACK  OR  TRACKS. — Any  street  railroad  company  or  street  railway 
company  having  tracks  running  through  any  street  or  portion  of  street, 
which  is  to  be  paved  or  repaved  by  said  City  under  the  assessment  plan 
provided  for  by  the  Charter  or  the  general  law  of  the  State,  shall  be  re- 
quired to  pay  the  whole  cost  of  paving,  repaying,  or  otherwise  improving 
eleven  feet  in  width  of  said  street  or  portion  of  street,  whether  such  com- 
pany has  one  or  more  lines  of  track  therein;  and  in  case  any  street  railway 
or  street  railroad  company  shall  construct  one  or  more  lines  of  track  in  any 
street  or  portion  of  street  already  paved,  it  shall  likewise  pay  for  the 
paving  of  eleven  feet  in  width  of  the  street  or  portion  of  the  street  occupied 
by  its  tracks,  according  to  the  then  value  of  the  payment,  to  be  judged 
of  by  the  Mayor  and  General  Council. 

93 


SECTION  357.  MUST  PAVE  BETWEEN  THE  RAILS  OF  EACH  LINE 
•OF  TRACK,  AND  FOUR  INCHES  OUTSIDE.— Whenever  jsmj  street  railway 
company  lays  a  double  track  or  line  on  any  street  in  said  City,  and  such 
street  shall  at  the  same  time  or  thereafter  be  macadamized,  or  otherwise 
paved,  such  street  railroad  company  shall  only  be  required  to  macadamize 
or  otherwise  pave  between  the  rails  of  each  lien  of  track,  and  for  four 
inches  outside  thereof,  this  being  equivalent  to  paving  as  now  and  hereafter 
required  by  law  and  Charter  of  said  City. 

SECTION  358.  CERTAIN  PAVING  MAY  "BE  REQUIRED  OF  STREET 
RAILROAD,  WHERE  IT  OCCUPIES  AN  UNPAVED  STREET— PUBLIC 
COMFORT  AND  SAFETY.— When  the  consent  of  said  City  is  given  to  the 
laying  of  street  railroad  tracks  in  or  on  a  street,  which  is  unpaved  and 
'without  pavement  improvement,  said  City  may  prescribe  and  require  that 
the  tracks  shall  be  so  laid,  and  such  paving  done  between  the  tracks,  and 
for  such  space  on  each  side  thereof,  as  will  preserve  the  use,  comfort,  and 
safety  of  such  street  for  the  public. 

SECTION  359.  SHALL  PAY  FOR  PAVING,  WHEN  TRACKS  ARE 
LAID  ON  PAVED  STREETS— DISCRETIONARY  WITH  COUNCIL— NOT 
T'O  EXCEED  PAVING  BETWEEN  TRACKS  AND  FOUR  INCHES  ON 
EACH  SIDE. — When  street  railroad  tracks  are  laid  in  said  City  on  a  street, 
which  has  already  been  paved  or  permanently  improved,  and  upon  which 
said  Company  has  no  track,  said  City  may  require  such  contribution  or 
payment  to  said  City  for  said  City,  and  the  owners  of  abutting  property 
•at  the  time  of  laying  such  tracks  on  account  of  the  paving  or  pavement 
improvement  of  any  such  street  as  the  Mayor  and  General  Council  of  said 
■City  may  deem  proper  (but  such  amount  shall  not  be  greater  than  in  cases 
provided  for  under  Section  1  of  this  Act.)      (Charter  amendment,  1891.) 

-  SECTION  360.  CITY  MAY  ENFORCE  PAYMENT— MAY  WITHHOLD 
CONSENT  TO  LAY  TRACKS,  CONDITIONED  UPON  PAYMENT.— Said 
City  may  regulate  and  enforce  the  payment  or  collection  of  such  amount  of 
'contribution,  and  may  require  payment  of  same  before  consent  granted  to 
lay  such  tracks,  and  may  grant  consent  conditional  on  such  payment  there- 
after. 

SECTION  361.  STREET  RAILROAD  LIABLE  FOR  PRO  RATA  OF 
REPAYING. — Such  street  railroad  company  shall  be  liable  for  its  pro  rata 
•of  the  costs  to  repave,  when  the  same  is  done  according  to  law. 

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SECTION  362.  M^\Y  ASSESS  EAILROADS  AND  STREET  RAIL- 
ROADS FOR  IMPROVEMENTS  CONTIGUOUS  TO  DEPOTS— HOW  EN- 
FORCED.— Whenever  the  public  interest  may  so  require,  the  Mayor  and 
General  Council  of  said  City  may,  by  ordinance,  assess  any  railroad  or  street 
railroad  company,  as  named  in  the  caption,  to  improve  the  streets  or  side- 
walk or'  both,  or  any  sewer  or  drain,  contiguous  to  the  freight  or  passenger 
depot,  and  to  do  part  or  all  said  work  as  right  and  justice  may  dictate, 
whether  such  work  be  petitioned  for  or  not;  and  the  mode  of  procedure 
and  remedies  to  enforce  the  same  shall  be  those  provided  for  street  or 
sewer  improvement  in  other  cases  as  now  are  or  may  be  provided  by  law 
and  the  ordinances  of  said  City. 

SECTION  363.  CITY  MAY  TRANSFER  BILLS  AND  EXECUTIONS 
FOR  PAVING,  CURBING,  SIDEWALKS,  OR  SEWER  ASSESSMENTS.— 
The  City  of  Atlanta  is  hereby  authorized  and  empowered  to  transfer  in  pay- 
ment of  debts  against  said  City,  bills  and  executions  in  favor  of  said  City 
for  the  cost  of  curbing,  sidewalks,  granite  block  and  other  street  pavements, 
and  of  bills  and  executions  for  sewer  assessments,  whether  such  bills  and 
executions  be  held  by  said  City  against  abutting  land-owners  or  against 
street  railroad  companies  for  furnishing  and  laying  curbing,  sidewalks,  gran- 
ite block  and  other  street  pavements  and  sewer  assessments. 

SECTION  364.  LIEN  OF  ASSESSMENT  NOT  IMPAIRED  BY  TRANS- 
FER ABOVE. — The  lien  in  favor  of  said  City  against  abutting  land  and  the 
owners  thereof,  and  against  street  railroad  companies,  now  provided  by  law, 
shall  not  be  impaired  or  in  any  manner  affected  by  this  Act,  but  the  same 
"shall  exist,  and  may  be  enforced  in  the  name  of  the  City  for  the  benefit  oi 
the  transferee  until  the  assessment  shall  be  paid.  Such  bills  and  executions 
against  street  railroad  companies,  when  so  transferred,  shall  be  paid,  and 
collections  shall  be  enforced,  as  is  now  required  and  prescribed  by  law. 

SECTION  365.  ASSESSMENTS  MAY  BE  PAID  ALL  CASH  IN  30 
DAYS— OR  INSTALLMENTS.  ONE-FOURTH  CASH— BALANCE  ONE, 
TWO  AND  THREE  YEARS— MUST  PAY  ONE-FOURTH,  HOWEVER,  IN 
THIRTY  DAYS. — Such  bills  against  abutting  landowners,  when  so  trans- 
ferred, shall  become  due  and  payable  as  follows:  Payment  shall  be  made 
within  thirty  days  after  the  completion  of  the  work,  and  presentation  of  the 
bill  therefor  to  the  person  liable  for  the  same  or  his  agent.  If  the  person 
■so  liable  should  not  prefer  to  pay  all  the  assessment  within  thirty  days,  he 

95 


may  pay  twenty-five  per  cent,  thereof  in  cash  within  the  thirty  days,  and 
twenty-five  per  cent,  per  annum  each  year  for  three  years  thereafter,  with 
interest  at  the  rate  of  seven  per  cent,  per  annum  on  all  such  deferred  pay- 
ments; Provided,  however,  that  this  privilege  of  paying  part  cash  and  post- 
poning the  payment  of  the  balance,  shall  not  exist  unless  the  person  liable' 
for  the  assessment  shall  within  the  thirty  days  aforesaid  pay  the  twenty- 
five  per  cent.,  and  shall  in  writing,  delivered  to  the  transferee,  declare  his 
election  to  have  the  payment  of  the  balance  postponed,  as  herein  above 
mentioned. 

SECTION  366.  LIEN  OF  EXECUTIONS  PEESEEYED— ENFORCED 
IN  NAME  OF  CITY,  WHETHEE  TEANSFEEEED  OE  NOT.— If  default 
shall  be  made  in  making  a  deferred  payment,  then  all  the  unpaid  assess- 
ments shall  thereby  become  due  and  payable,  and  collection  thereof  shall 
be  enforced  as  if  no  postponement  had  been  made.  All  proceedings  to. 
collect  the  transferred  assessments  herein  above  mentioned,  whether  the 
transfers  have  been  made  of  bills  or  of  executions,  shall  be  conducted  as 
if  no  transfer  had  been  made,  and  shall  be  had  in  the  name  of  the  City 
of  Atlanta. 

SECTION  367.  CITY  NOT  LIABLE  TO  CONTRACTOE  AFTEB 
TEANSFEE  IS  MADE  AND  ACCEPTED  AS  PART  PAYMENT.— But 
said  City  of  Atlanta  shall  not  be  liable  to  the  contractor  for  all  or  any- 
part  of  an  assessment  after  the  same  shall  have  been  accepted  by  the- 
contractor  as  a  payment  on  the  debt  due  him  for  the  work. 

SECTION  368.  TRANSFERS  RECORDED  AS  ARE  TAX  FI.  FAS.— 
The  transfer  of  executions,  as  aforesaid,  shall  be  recorded,  as  in .  case  of 
transfer  of  State   and  County  tax  fi.   fas. 

SECTION  369.  ALL  PUBLIC  WORK  DONE  UNDER  DIRECTION 
OF  COMMISSIONER  OF  PUBLIC  WORKS— ENGINEER  FURNISHES' 
SUEVEYS  AND  PROFILES,  ETC.— All  work  done  in  accordance  with 
the  above  shall  be  done  under  the  direction  of  the  Commissioner  of  Public 
W^orks.  Surveys,  grades,  plans,  profiles,  and  other  like  work  shall  be 
done  by  the  Engineer  of  said  City,  and  be  furnished  to  said  Commissioner. 

SECTION  370.  (COMMISSIONER  OF  PUBLIC  WORKS— HOW 
ELECTED— WHEN.— The   qualified   voters   of   the   City   of   Atlanta   on   the 

96 


first  Wednesday   in  December,  1894,  and  every  two  years  thereafter,  shall 
elect  a  Commissioner  of  Public  Works. 

SECTION  371.  DUTIES  OF  COMMISSIONER  OF  PUBLIC  WORKS- 
HOW  DEFINED.— The  Mayor  and  General  Council  of  said  City  shall,  by 
ordinance,  from  time  to  time,  define  the  powers  and  duties  of  said 
Commissioner  of  Public  Works,  and  shall  before  each  election  of  said 
Commissioner  of  Public  Works,  fix  the  compensation  of  said  officer,  which 
shall   not   be   increased   or   diminished   during   his   term    of   office. 

SECTION  372.  OATH  OF  OFFICE.— He  shall  also  take  an  oath  before 
said  Mayor  that  during  his  continuance  in  office,  he  will  make  all  appoint- 
ments and  discharges  of  employees,  and  will,  make  all  selections  or 
purchases  of  material,  conduct  and  execute  all  contracts  and  dealings  in 
behalf  of  the  City,  and  will  in  these,  as  in  all  other  respects,  faithfully 
and  impartially  discharge  the  duties  of  said  office  with  an  eye  single  to 
the  duty  and  the  good  of  the  public  service,  without  fear,  favor,  affection, 
reward,  or  the  hope  thereof,  and  without  being  in  any  manner  influenced 
by  his  own  interests  or  personal  favor  or  interests  of  any  other  individual, 
whether  member  of  Council  or  not,  and  that  he  will  faithfully  execute 
all  orders  of  the  City  Government  as  officially  expressed  by  the  lawful 
ordinances  or  orders  of  the  General  Council,  and  approved  by  the  Alder- 
manic   Board,   in   case   such   approval   be   required   by   law. 

SECTION  373.  COMMISSIONER  OF  PUBLIC  WORKS  MAT  BE 
CONSOLIDATED  WITH  OTHER  OFFICE  OR  OFFICES.— It  shall  be  in 
the  power  of  the  General  Council  to  consolidate  the  duties  of  any  other 
office  or  offices  in  any  department  of  the  City  Government,  other  than 
charter  offices,  with  those  of  the  said  Commissioner  of  Public  Works, 
and  to   discontinue   or   abolish    such   position   thus   rendered   unnecessary. 

SECTION  374.  HE  SHALL  FILE  A  STATEMENT  OF  HIS  REAL 
ESTATE  INTERESTS— PRESENT  OR  FUTURE— REMOVAL  FROM 
OFFICE  PENALTY  FOR  FAILURE.— The  said  Commissioner  of  Public 
Works,  before  entering  upon  the  duties  of  his  office,  shall  file  with  the 
City  Clerk  a  statement  in  writing,  showing  all  real  estate  in  the  City  of 
Atlanta  and  County  of  Fulton  owned  by  him,  or  in  which  he  is  in  any 
manner  interested,  either  as  proprietor,  partner,  co-partner,  or  otherwise, 
with    location    and    description    thereof,    and    if,    during    his    continuance    in 

97 


office  he  becomes  owner,  or  interested  as  aforesaid  .in  any  such  property, 
he  shall,  within  five  days,  supplement  said  statement  by  like  entry  and 
description  thereof — and  a  failure  to  comply  with  the  requirements  of 
this  Section  shall   be  good  cause  for  his  removal   from   office. 

SECTION  375.  EXTENSION  OF  ALABAMA  STREET  AUTHORIZED 
— PROVISO. — Authority  is  hereby  conferred  upon  the  City  of  Atlanta 
to  open  and  extend  Alabama  Street,  in  said  City,  from  the  central  portion 
of  said  City  westerly  through  land  belonging  to  the  State.  The  portion 
of  the  State's  land,  through  which  authority  is  hereby  granted  to  said 
City  to  open  and  extend  said  Alabama  Street  is  described  as  follows, 
to-wit:  A  strip  of  land  sixty  feet  wide  and  five  hundred  feet  long  on 
the  North  side,  and  three  hundred  feet  long  on  the  South  side  of  said 
proposed  street,  having  an  area  of  twenty-four  thousand  (24,000)  square 
feet,  and  running  through  the  Southwest  corner  of  the  State's  Western 
and  Atlantic  Railroad  vacant  property  (a  plat  of  which  for  reference  is 
filed  herewith) :  Provided,  that  this  grant  of  authority  is  expressly  made 
subject  to  the  rights  of  the  present  lessess  of  the  Western  and  Atlantic 
Railroad  under  the  Act  providing  for  the  lease  of  the  same,  approved 
November  12,  1889;  the  lessees  of  said  Western  and  Atlantic  Railroad 
having   in    writing   assented   thereto. 

SECTION  376.  THIS  GRANT  DOES  NOT  IMPAIR  LESSEES' 
RIGHTS— CITY  SHALL  FIRST  PAY  THE  STATE  $2,500.00.— The  inten- 
tions and  purposes  of  this  Act  are  to  confer  the  grant  aforesaid  only  as 
to  the  right  and  interest  of  the  State  without  the  impairment  of  any 
rights  of  lessees  as  aforesaid  under  Acts  providing  such  leases:  Provided, 
that  before  the  rights  conferred  by  this  Act  on  the  City  of  Atlanta 
shall  have  any  force  or  effect,  said  City  shall  first  pay  into  the  Treasury 
.of  this  State  the  sum  of  twenty-five  hundred  ($2,500.00)  dollars,  and 
this  payment  may  be  made  at  any  time  within  six  months  from  the 
approval  of  this  Act,  and  on  making  such  payment  all  the  rights  and 
provisions  of  this  Act,  shall  by  virtue  of  the  same,  have  full  force  and 
effect. 

SECTION  377.  THE  CITY  MAY  ENCROACH  ON  WESTERN  AND 
ATLANTIC  RAILROAD  PROPERTY,  IN  MAKING  ALABAMA  STREET 
EXTENSION— FOR  WHAT  PURPOSE—CONDITIONS.— The  City  of 
Atlanta   is  hereby  authorized   in   extending  West   Alabama   Street   from   its 

98 


"present  terminus,  westward  across  the  property  of  the  Central  Railroad, 
and  the  property  of  the  State  of  Georgia,  leased  by  the  Western  and 
Atlantic  Railroad  Company,  at  th/B  point  where  the  proposed  street 
extension  touches  the  Western  and  Atlantic  Railroad  property  belonging 
to  the  State  at  grade  *  *  *  *  to  make  an  encroachment  on  said 
Western  and  Atlantic  Railroad  property  lying  on  the  South  side  of  said 
proposed  extension,  for  the  purpose  of  constructing  a  roadway  from  said 
street  extension  into  the  property  of  the  Central  Railroad  Company  of 
Georgia,  also  lying  on  the  South  side  of  said  proposed  street  extension; 
the  location  and  size  of  which  encroachment  shall  be  such  as  indicated 
"by  the  plat  aforesaid;  Provided,  that  before  making  such  encroachment 
«aid  City  of  Atlanta  obtains  consent  of  the  Western  and  Atlantic  Railroad 
Company,  present  lessees  of  the  Western  and  Atlantic  Railroad,  and  the 
property  to  be  encroached  upon  as  aforesaid,  and  also  of  the  Central  Rail- 
Toad  and  Banking  Company  of  Georgia. 

SECTION  378.  MAY  EXTEND  ALABAMA  STREET  ACROSS  RAIL- 
ROADS—CONSTRUCT BRIDGE  — PROVIDE  FOR  PAYMENT.  —  The 
Mayor  and  General  Council  of  the  City  of  Atlanta  may,  in  their  discretion, 
provide  for  the  erection  of  a  bridge  over  the  tracks  of  the  Central  of 
Georgia  Railway  Company,  and  do  all  other  work  necessary  to  the  ex- 
tension of  West  Alabama  Street  to  a  point  at  or  near  the  junction  of 
Rhodes  and  Elliott  Streets  in  said  City,  and  in  their  discretion  may 
extend  an  arm  of  said  bridge  or  roadway,  or  said  bridge  and  roadway, 
so  as  to  connect  with  West  Hunter  Street  at  a  point  West  of  the  tracks 
of  the  Southern  Railway  Company,  formerly  East  Tennessee,  Virginia  and 
Georgia  Railway  Company,  in  said  City,  and  to  provide  for  the  paying 
of  the  expenses  of  constructing  said  bridge  and  extending  said  street 
partly  out  of  the  income  of  said  City  for  the  year  1897,  and  the  balance 
from  the  income  of  said  City  for  the  years  1898,  1899  and  1900,  or  any 
one  or  more  of  said  years,  in  the  discretion  of  said  Mayor  and  General 
Council. 

SECTION  379.  MAY  INSTITUTE  CONDEMNATION  PROCEEDINGS 
FOR  RIGHT  OF  WAY.— The  Mayor  and  General  Council  of  said  City  shall 
have  power  and  authority,  in  their  discretion,  to  institute  condemnation 
proceedings  for  the  purpose  of  acquiring  a  right  of  way  for  the  proposed 
bridge  over,  across  or  under,  or  partly  over,  partly  across,  or  partly  under 

99 


the  rights  of  way  and  other  property-  of  the  Central  of  Georgia  Railway 
Company  and  the  Southern  Railway  Company,  formerly  the  East  Tennessee, 
Virginia  and  Georgia  Railway  Company,  such  condemnation  proceedings 
to  be  conducted  in  accordance  with  the  requirements  of  an  Act  providing 
a  uniform  method  of  exercising  the  right  of  condemning,  taking  or  damag- 
ing private  i^roj^erty,  approved  December  18,  1894;  Provided,  however,  that 
it  shall  be  within  the  discretion  of  the  Mayor  and  General  Council  of  the 
City  of  Atlanta,  as  heretofore  provided  by  the  charter  of  said  City,  to 
accept  or  reject  the  awards  made  by  the  Assessors  within  the  time 
limited  by  the   Charter  of  said   City. 

SECTION  380.  RAILROAD  COMPANIES  REQUIRED  TO  ERECT 
BRIDGES  WHERE  THEIR  TRACKS  CROSS  STREETS— IN  DISCRETION 
OF  COUNCIL— PROTECTION  OF  HUMAN  LIFE.— The  Mayor  and  General 
Council  of  said  City  of  Atlanta  are  hereby  authorized  and  empowered 
to  require  all  railroads  and  I'ailroad  companies  to  erect  suitable  bridges 
across  their  tracks  and  road-beds,  where  the  same  cross  the  public  streets 
of  said  City,  in  all  cases  in  which  said  Mayor  and  General  Council  shall 
declare  the  same  necessary  for  the  protection  of  human  life.  It  shall  also 
be  the  duty  of  railroads  or  railroad  companies  having  bridges  erected, 
or  when  they  may  hereafter  erect  bridges  across  their  tracks  and  road- 
beds, where  the  same  cross  the  public  streets  of  said  City,  to  keep  said 
bridges,  and  the  approaches  thereto,  and  the  foundations  and  pillars  and 
supports  thereof,  in  safe  condition,  and  so  as  to  admit  of  comfortable 
travel    on    any    such    street. 

SECTION  381.  BRIDGES  BUILT  OR  REPAIRED  BY  CITY  AT  EX- 
PENSE OF  RAILROADS — WHEN. — In  case  of  the  failure  of  any  railroad 
or  railroad  company,  after  reasonable  notice  to  do  so,  to  build  or  repair 
a  bridge,  or  the  approaches  thereto  or  otherwise,  as  provided  above,  said 
Mayor  and  General  Council  shall'  have  the  authority  to  do  such  building, 
repairing,  or  putting  in  safe  and  comfortable  condition,  at  the  expense, 
with  interest  and  cost,  of  such  railroad  or  railroad  company,  for  which 
execution  may  issue,  as  other  executions  are  issued  by  said  City,  and  be 
levied  on  any  property  of  such  railroad  or  railroad  company;  and  such 
execution  shall  bear  interest  at  the  rate  of  seven  per  cent,  per  annum. 
Provided,  that  nothing  in  this  Section  contained  shall  require  railroads 
and    railroad    companies    to    build    bridges    otherwise    than    is    required    by 

100 


the  general  laws  of  this  State,  or  the  charters  of  such  railroad  companies, 
respectively,  except  in  all  cases  in  which  a  public  street  was  in  existence 
before  the  tracks  and  road-beds  of  any  such  railroad  or  railroad  companies 
were  laid  or  placed  across  any  such  public  streets. 

SECTION  382.  MAYOR  AND  GENERAL  COUNCIL  MAY  REGULATE 
BUILDING  AND  REPAIRING  OF  BRIDGES— FOR  WHAT  PURPOSE.— 
Said  Mayor  and  General  Council  shall  have  the  authority  to  regulate  the 
building  and  repair  of  such  bridges,  in  so  far  as  to  declare  the  general 
character  of  such  bridges  or  repairs,  suitable  to  be  made,  and  to  provide 
for  the  drainage,  light,  and  comfort  of  said  bridge  and  the  street  adjacent 
thereto  or  thereunder,  and  to  provide  for  the  least  obstruction  by  supports 
and  otherwise  of  any  portion  of  the  street,  practical  and  consistent  with 
safety. 

•SECTION  383.  WAVERLY  PLACE— WASHINGTON  STREET  VIA- 
DUCT^ORDINANCE  RATIFIED— VACATION  OF  WAVERLY  PLACE— 
b^URTHER  ORDINANCES  AUTHORIZED,  IF  NECESSARY.— The  action 
of  the  Mayor  and  General  Council  of  the  City  of  Atlanta  in  passing  the 
ordinance  approved  December  23,  1904,  and  the  amendment  thereto,  ap- 
proved January  21,  1905,  providing  for  changing  Waverly  Place  from  its 
present  location;  for  the  securing  of  the  Washington  Street  viaduct  across 
the  Georgia  Railroad  yards,  and  for  the  vacation  of  Waverly  Place  as 
changed,  and  for  the  other  purposes  therein  set  forth,  is  hereby  ratified 
and  confirmed,  and  said  ordinance  and  amendment  are  hereby  authorized, 
and  authority  is  hereby  conferred  upon  the  said  City  of  Atlanta  and  the 
Mayor  and  General  Council  to  enact  such  further  ordinances  and  resolutions 
as  may  be  necessary  to  carry  out  and  enforce  the  ordinance  first  above 
stated,  and  the  purposes  therein  stated,  including  the  power  to  vacate 
and  abandon  Waverly  Place  as  to  both  its  present  and  changed  location, 
subject  to  all  the  terms  and  conditions  imposed  by  said  ordinance  and 
amendment,  provided  the  terms  of  said  ordinance  shall  apply  to  the 
Louisville  and  Nashville  Railroad  Company  or  the  assigns  or  privies  of 
the  Atlanta,  Knoxville  and  Northern  Railway  Company,  and  the  railroad 
companies  referred  to  in  said  ordinance,  or  any  and  all  of  them,  and  bond 
shall   be   given    accordingly   as   contemplated   in   said   ordinance. 

101 


SECTION  384.  AUTHORITY  TO  CLOSE  PAETS  OF  RHODES  AND* 
MANGUM  STREETS  IN  CITY.— The  action  of  the  Mayor  and  General 
Council  of  the  City  of  Atlanta  in  adopting  the  report  of  the  Committee 
on  Streets  on  the  petition  of  Gate  City  Terminal  Company,  approved  by 
the  Mayor  on  November  24,  1906,  providing 'for  the  closing  and  vacation 
of  Rhodes  Street  from  Haynes  Street  to  Jones'  Alley,  and  for  the  closing 
and  vacation  of  Mangum  Street  from  Hunter  Street  to  Foundry  Street, 
and  for  other  purposes,  set  forth  in  said  report  so  adopted  by  the  Mayor 
and  General  Council,  is  hereby  ratified  and  confirmed,  and  said  report,  as 
adopted  by  the  Mayor  and  General  Council  is  hereby  authorized,  and  the 
consent  of  the  State  is  hereby  granted  to  the  closing  and  vacation  of  said 
Rhodes  Street  from  Haynes  Street  to  Jones'  Alley,  and  said  Mangum 
Street  from  Hunter  Street  to  Foundry  Street;  and  authority  is  hereby 
conferred  upon  the  said  City  of  Atlanta  and  the  Mayor  and  General  Council 
to  enact  such  further  ordinances,  resolutions,  and  votes  as  may  be  necessary 
to  carry  out  the  report  of  the  Committee  adopted  by  the  Mayor  and 
General  Council  above  referred  to,  and  the  purposes  therein  stated,  and 
to  make  any  amendments  or  changes  in  the  said  report  as  the  Mayor  and 
General  Council  may  from  time  to  time  enact  by  ordinance,  resolution  or 
vote,  including  the  power  to  vacate  and  abandon  Rhodes  Street  from 
Haynes  Street  to  Jones'  Alley,  and  Mangum  Street  from  Hunter  Street 
to  Foundry  Street,  and  permitting  the  changing  in  location  and  in  grade,, 
diverting,  interfering  with,  and  crossing  the  various  other  streets,  as  set 
out  in  said  report,  and  to  make  any  amendments  or  changes  to  the  said 
report  permitting  other  or  different  methods  of  changing  the  location  and 
grade  or  crossing,  or  interfering  with,  the  various  streets  set  out  in  said, 
report,  by  the  Gate  City  Terminal  Company,  its  successors  and  assigns. 


CHAPTER  XX. 
POLICE— BOARD   OF   POLICE   COMMISSIONERS. 

SECTION  385.  BOARD  OF  POLICE  COMMISSIONERS--HOW  COM- 
POSED.— The  Board  of  the  Commissioners  of  Police  shall  consist  of  one 
member  from  each  of  the  Wards  in  the  City,  now  eight,  but,  if  hereafter 
changed   and    the   number   of   Wards   increased,   said   Board    shall    have    its 

102 


membership  enlarged,  so  as  to  have  therein  one  member  from  the  residents 
of  each  of  the  Wards  of  the  City. 

SECTION  386. — EX-OFFICIO. — The  Mayor  and  Chairman  of  the  Police 
Committee  of  the  General  Council  shall  be  members  of  said  Board,  ex- 
officio. 

SECTION  387.  TERMS.— At  the  termination  of  the  present  term  of  of- 
fice the  successors  shall  be  elected  for  a  term  of  three  years  each,  and  when 
other  members  are  added  to  the  Board,  under  the  provisions  of  this 
Section,  they  shall  be  likewise  elected  to  serve  for  a  term  of  three  years 
each,  on  the  first  Monday  in  March  following  the  addition  of  such  new 
members  to  said  Board,  except  the  first  members  elected  under  this 
provision  in  order  to  complete  the  membership  of  said  Board  as  herein 
required. 

SECTION  388.  ELECTION. — This  election  shall  be  held  at  the  first 
meeting  of  the  General  Council   following  the  passage  of  this  amendment. 

SECTION  389.  TERMS. — Such  number  shall  be  elected  to  serve  from 
said  date  and  for  a  period  of  three  years  from  the  first  Monday  in  March 
next,  but,  also,  including  the  intervening  time  between  date  of  election 
and  the   first  Monday   in   March   next. 

At  the  first  regiflar  meeting  in  March  in  each  succeeding  year,  an 
election  shall  be  held  to  elect,  for  the  term  of  three  years,  a  Commissioner 
or   Commissioners   whose   term   or   terms   may   then   expire. 

SECTION  390.  VACANCY. — Should  a  vacancy  occur  in  the  Board  dur- 
ing the  year  1874,  from  other  cause  than  the  expiring  of  a  regular  term, 
an  election  to  fill  it  shall  be  immediately  held  by  the  Council,  any  year 
thereafter  by  the  General  Council,  and  such  incumbent  shall  hold  until 
the  unexpired  term  shall  expire,  and  until  his  successor  is  elected  and 
qualified. 

SECTION  391.  TERM.^ — Each  regular  term  shall  begin  at  the  date  of  the 
election,  and  close  as  hereinafter  declared,  and  until  a  successor  is  elected 
and   qualified. 

SECTION  392.  OATH  OF  OFFICE. — Each  member  of  the  Board,  before 
entering  on  the  duties  of  his  office,  shall  take  and  subscribe  this  oath 
of  office  before   some   officer  authorized   to  administer   it:      "I  swear   that 

103 


i  will  faithfully  and  impartially  demean  myself  as  a  Commissioner  of 
Police  during  my  continuance  in  office.  I  have  not,  in  order  to  influence 
my  election  to  this  office  of  Commissioner,  directly  or  indirectly,  expressly 
or  impliedly,  promised  my  vote  or  support  to  any  person  for  any  office 
in  the  City  of  Atlanta,  nor  for  any  other  office.  I  will  not  knowingly 
permit  my  vote,  in  the  election  or  appointment  of  any  person  to  position 
on  the  police  force,  to  be  influenced  by  fear,  favor,  or  afl'ection,  reward, 
or  the  hope  thereof,  but  in  all  things  pertaining  to  my  said  office  I  will 
be  governed  by  my  conviction   of  the  public   good. ' ' 

SECTION  393.  OATH  ENTERED  UPON  MINUTES  —  ORIGINAL 
FILED  WITH  CLERK  OF  COUNCIL. — The  oath  shall  be  entered  on  the 
minutes  of  the  proceedings  of  the  Board,  and  the  original  shall  be  filed  in 
the  office  of  the  Clerk  of  the  City  Council. 

SECTION  394.  QUORUM. — Three  shall  constitute  a  quorum,  with 
power   to   transact    business. 

SECTION  395.  MEETINGS— HOW  OFTEN.— They  shall  hold  a  stated 
meeting  each  month,  and  such  other  meetings  as  the  public  interest  may 
from    time    to    time    require. 

SECTION  396.  SHALL  KEEP  A  RECORD  OF  PROCEEDINGS.— 
They  shall  keep  a  record  of  their  proceedings,  and  one  of  said  Board  shall 
act   as  Clerk   thereof. 

SECTION  397.  SHALL  ELECT  CHIEF  OF  POLICE  AND  OTHER 
OFFICERS. — The  Board  of  Police  Commissioners  thus  elected  and  qualified 
shall  have  the  exclusive  power,  and  it  shall  be  their  duty,  to  appoint  a 
Chief  of  Police,  and  such  other  police  officers  and  policemen  as  is  or 
may  be  prescribed  by  City  ordinance. 

SECTION  398.  BOARD  EXERCISE  CONTROL  OF  POLICE  FORCE.— 
They  shall  exercise  full  direction  and  control  of  officers  and  members  of 
the  police  force,  in  conformity  to  existing  laws  and  ordinances,  and  such 
as  may  be  made  applicable  to  the  subject. 

SECTION  399.  THE  POLICE  FORCE- HOW  COMPOSED.— The  police 
force  of  said  City  shall  consist  of  a  Chief  of  Police,  and  such  other  officers 
and  men   as  the  City  shall  by   ordinance  prescribe. 

104 


SECTION  400.  ELECTION  OF  CHIEF  AND  OTHER  OFFICERS— 
AVHEN— ON  WHAT  CONDITION— TERM  INDEFINITE.— Said  Chief, 
officers  and  men  shall  be  elected  on  the  2nd  day  of  April  1907,  or  prior 
to  that  date,  if  said  Chief,  officers  and  men  shall  resign  from  their  present 
term,  and  thus  relieve  the  City  from  its  contracts,  and,  when  so  elected, 
shall  serve  without  any  fixed  term  or  employment. 

SECTION  401.  SERVE  DURING  GOOD  BEHAVIOR  AND  EFFI- 
CIENT SERVICE— MAY  BE  DISCHARGED  BY  THE  BOARD  AT  ANY 
TIME. — Said  Chief,  officers,  and  men  so  elected  shall  serve  during  good 
behavior  and  efficient  service,  both  of  which  to  be  judged  of  by  the 
Board  of  Police  Commissioners.  Said  Board  of  Police  Commissioners  shall 
be  authorized  at  sfny  time  to ,  discharge  the  Chief,  officers,  or  men,  or 
other  employees  of  their  department,  without  any  liability  attaching  to 
the  duty  on  account  of  said  discharge. 

SECTION  402.  BOARD  TO  ESTABLISH  RULES  ON  CIVIL  SERVICE 
PLAN— ALL  OFFICERS  AND  EMPLOYEES  TO  SERVE  UNDER  CIVIL 
SERVICE  RULES. — Said  Board  shall  furthermore  establish  rules  and 
regulations  for  said  department  on  the  civil  service  plan,  and  all  the 
officers  and  employees  thereof  shall  serve  under  civil  service  rules  during 
good  behavior  and  efficient  service,  to  be  finally  and  exclusively  judged 
of  by  said  Board. 

SECTION  403.  MEMBERS  OF  POLICE  FORCE  TAKE  OATH— GIVE 
BOND  AS  MAY  BE  REQUIRED  BY  ORDINANCE.— They  shall  take  an 
oath  faithfully  and  impartially  to  discharge  the  duties  imposed  on  them 
by  the  laws  of  the  State,  and  the  ordinances  of  the  City,  and  shall  give 
such  bonds  as  may  be  required  of  them  by  the  City  ordinances. 

SECTION  404.  DUTIES  OF  POLICE  FORCE.— It  shall  be  their  duty 
to  make  arrests  of  any  persons  violating  the  ordinaces  of  said  City,  with 
or  without  summons,  and  also  with  or  without  warrant.  They  shall  likewise 
make  arrests  of  any  persons,  who  have  violated  the  statutes  of  said 
State,  and  their  arrests  for  such  violations  are  hereby  authorized,  either 
with  or  without  warrants  therefor.  They  shall  perform  such  other  duties 
as  may  be  imposed  by  the  laws  of  the  State,  and  ordinances  of  the 
General  Council. 


105 


SECTION    405.      THEIE    COMPENSATION— HOW    FIXED— NO     EX 
TRA  PAY  OR  ALLOWANCE. — Their  compensation   shall  be  prescribed  by 
ordinance,   and   shall   not   be   increased   or   diminished   during   any   calendar 
year.     No  extra  pay  or  allowance  or  cost  shall   be  made  to   any  officer  or 
members  of  said   department. 

SECTION  406.  FORCE  TO  BE  ARMED  AND  UNIFORMED.— The 
Mayor  and  General  Council  shall  cause  the  entire  police  force  of  the  City 
to  be  armed  and  so  uniformed  as  to  be  readily  recognized  by  the  public 
as  peace  officers. 

SECTION  407.  CITY  FURNISH  ARMS— REMAIN  CITY'S  PROP- 
ERTY—MAY FURNISH  UNIFORMS  IN  DISCRETION  OF  MAYOR  AND 
GENERAL  COUNCIL. — The  arms  to  be  furnished  at  the  expense  of,, 
and  to  remain  the  property  of  the  City. 

The  Mayor  and  General  Council  shall  have  authority  to  furnish  uniforms 
at  the  public  expense  to  the  members  of  the  Police  and  Fire  Departments 
in  the  discretion  of  such  Mayor  and  General  Council. 

SECTION  408.  FAILURE  TO  PERFORM  DUTY— PENALTY— SUS- 
PENSION OR  DISMISSAL.— For  a  failure  to  perform  any  duty  required 
by  law  or  the  ordinances  of  the  City,  or  the  rules  of  said  Board,  the 
officers  and  members  of  said  department  are  subject  to  be  suspended,  either 
definitely  or  indefinitely,  or  removed  from  office,  by  the  decision  of  the 
Board  of  Police  Commissioners,  whose  decision  shall  be  final,  and,  when 
said  officers  or  members  are  dismissed,  no  liability  shall  attach  to  the  City 
for   any    further    compensation. 

SECTION  409.  MODE  OF  PREFERRING  CHARGES— ANY  MEMBER 
OF  FORCE  MAY  BE  SUSPENDED,  TILL  SESSION  OF  BOARD  TO  HEAR 
THE  CASE. — The  mode  of  preferring  charges  against  any  officer  or  member 
of  said  department,  and  the  manner  of  their  trial,  shall  be  prescribed  by 
the  rules  of  said  Board.  The  Chief,  any  officer,  or  member,  or  employee 
of  said  department,  may  be  suspended  in  the  manner  provided  by  the 
rules  of  said  department  until  the  session  of  the  Board  of  Police  Com- 
missioners, at  which  the  hearing  may  be  had  and  sentence  adjudged. 

SECTION  410.  IN  CASE  OF  VACANCY  BY  SUSPENSION,  HOW 
FILLED. — In  case  any  officer  or  member  or  employee  of  said  department  is 

]G6 


suspended,  said  Board  shall  provide  for  appointments  to  fill   the  vacancies, 
during  the  suspension  of  the  officer,  or  member,  or  employee. 

SECTION  411.  CIVIL  SERVICE  RULES  AND  REGULATIONS  TO 
GOVERN. — The  Mayor  and  General  Council  are  given  full,  complete,  and 
unqualified  authority  to  establish,  for  the  department  of  police,  civil  service^ 
rules  and  regulations,  to  the  end  that  officers,  members  and  employees  shall 
serve  during  good  behavior  and  efficient  service,  and  to  be  promoted' 
according  to  efficient  service  and  length  of  time  employed  in  said  depart- 
ment, all  of  which  to  be  adjudged  of  by  said  Board. 

SECTION  412.  ALDERMEN  AND  COUNCILMEN  EX-OFEICIO 
JUSTICES  OF  THE  PEACE— MAY  ISSUE  WARRANTS  TO  BE  EXE- 
CUTED BY  MARSHAL  OR  CHIEF  OF  POLICE— COMMIT  TO  JAIL,. 
ETC. — Each  member  of  the  Board  of  Aldermen  and  each  member  of  the 
Board  of  Councilmen  shall  be,  to  all  intents  and  purposes,  a  Justice  of  the* 
Peace,  so  far  as  to  enable  them,  or  any  one,  or  either  of  them,  to  issue^ 
warrants  for  offenses  committed  within  the  corporate  limits  of  said  City,, 
which  warrants  shall  be  executed  by  the  Marshal  or  Chief  of  Police,  or 
either  of  the  Lieutenants  of  Police,  and  to  commit  to  jail  in  the  County 
of  Fulton,  or  to  admit  to  bail  offenders,  provided  the  offense  is  bailable,, 
for  their  appearance  before  the  next  Superior  Court  thereafter  for  the- 
County  of  Fulton,  and  it  shall  be  the  duty  of  the  jailer  of  said  County  to. 
receive  all  such  persons  so  committed,  and  safely  keep  the  same  until  dis- 
charged by  due  course  of  law. 


CHAPTER  XXI. 
RECORDER— RECORDER'S   COURT. 

SECTION  413.  CITY  RECORDER— HOW  ELECTED— BY  WHOM— 
TERM  OF  OFFICE. — The  Mayor  and  General  Council  may,  in  their  dis- 
cretion, elect  a  Recorder.  He  shall  hold  his  office  for  the  term,  as  provided 
under  the  20th  Section  of  this  Charter  (1874),  unless  removed  for  cause, 
to   be   judged   of   by   the   Mayor   and   General   Council. 

SECTION    414.     RECORDER    MAY    HOLD    ANY    OTHER    OFFICE— 
CANNOT   CONFLICT,   HOWEVER— DUTIES,   HOW   DEFINED.- The   Re- 

107 


corder  may  hold  any  other  office  not  necessarily  conflicting  with  his  duties 
as  Recorder.  His  duties  not  herein  enumerated  may  be  prescribed  by 
ordinance. 

SECTION  415.  HIS  DUTY— HIS  AUTHORITY.— It  shall  be  the  duty 
of  the  Recorder,  when  so  elected,  to  preside  at  the  City  Court,  known  as 
the  Mayor 's  Court,  with  as  full  and  ample  authority  to  try  and  dispose 
of  all  cases  within  the  jurisdiction  of  the  Mayor's  Court,  as  the  Mayor 
has   under   the   provisions   of   this   Charter. 

SECTION  416.  POWERS— SHALL  TRY  OFFENDERS.— When  sitting 
as  a  Recorder 's  Court,  he  shall  have  full  power  and  authority  concurrent 
with  the  Mayor,  Mayor  pro  tem,  or  one  member  of  the  General  Council, 
to  try  all  offenders  against  the  ordinances  of  said  Citj',  and  impose  such 
penalties  for  violation  thereof  as  may  be  prescribed  by  the  ordinances  of 
said   City. 

SECTION  417.  OATH  OF  OFFICE. — Before  entering  upon  the  duties 
of  his  office,  he  shall  take  and  subscribe  an  oath  before  some  officer 
authorized  to  administer  it,  faithfully  to  discharge  the  duties  of  the  same. 

SECTION  418.  VACANCY— HOW  FILLED.— In  case  of  the  death, 
removal,  or  resignation  of  the  Recorder,  the  Mayor  and  General  Council 
may   elect   a   successor   to   fill   the   unexpired   term. 

SECTION  419.  MAY  BE  REMOVED  FOR  CAUSE— BY  WHOM.— He 
may  at  any  time  be  removed  by  the  Mayor  and  General  Council  for  cause, 
to  be  judged  of  by  them. 

SECTION  420.  JURISDICTION  AS  TO  TRIAL  AND  ABATEMENT 
OF  NUISANCES— PROVISO.— The  jurisdiction  now  vested  in  the  Mayor 
and  General  Council  of  said  City,  under  and  by  the  laws  of  this  State, 
as  contained  in  the  Code  of  Georgia  of  1895,  in  Sections  4760  to  4768 
inclusive,  in  respect  to  the  trial  and  abatement  of  nuisances  as  set  forth 
in  said  Code  and  Sections,  be  and  the  same  is  hereby  devolved  upon  and 
vested  in  the  Recorder's  or  Mayor's  Court  of  said  City.  Said  Recorder's 
or  Mayor's  Court  shall  have  the  same  jurisdiction,  power  and  duty  as  to 
the  trial  and  abatement  of  said  nuisances  as  the  Mayor  and  General  Council 
of  said  City  has  heretofore  had,  and  said  Mayor  and  General  Council  are 
hereby    relieved    of    jurisdiction    and    duty    to    try,    hear,    or    abate    such 

108 


nuisances;  Provided,  and  except  that  nothing  in  this  Act  contained  shall 
divest  the  Mayor  and  General  Council  or  Board  of  Health  of  said  City 
of  jurisdiction  as  to  nuisances  affecting  health,  as  now  provided  by  law. 

SECTION  421.  ONE  MEMBER  OF  GENERAL  COUNCIL  MAY  HOLD 
RECORDER'S  COURT— REGULATION  OF  CALL  UPON  MEMBERS  BY 
ORDINANCE. — Any  one  member  of  the  General  Council  of  said  City  is 
hereby  authorized  and  empowered  to  preside  in  and  hold  the  Recorder  'a 
or  Mayor 's  Court  of  said  City,  whenever  from  any  cause  the  Recorder^ 
Mayor,  or  May  pro  tempore,  of  said  City  cannot  be  in  attendance  to  hold 
the  same,  and  the  Mayor  and  General  Council  of  said  City  are  hereby 
authorized  to  provide  and  regulate  by  ordinance  how  the  designation  of 
or  call  upon  any  member  of  the  General  Council  to  preside  as  aforesaid 
shall   be   made. 

SECTION  422.  RECORDER  PRO  TEM— MAY  CREATE  THE  OFFICE 
—PRESCRIBE  DUTIES— FIX  COMPENSATION,  ETC.— The  Mayor  and 
General  Council  of  the  City  of  Atlanta  are  hereby  authorized  and  em- 
powered to  create  the  office  of  Recorder  pro  tem,  to  fix  his  term  of  office,, 
prescribe   his   duties,   and   provide    for    his    compensation. 

SECTION  423.  RECORDER  PRO  TEM— WHEN  HE  SERVES— CLERK 
OF  RECORDER'S  COURT  MAY  ACT  AS  RECORDER  PRO  TEM.— The 
Mayor  and  General  Council  of  the  City  of  Atlanta  are  hereby  authoi-ized 
and  empowered  to  create  the  office  of  Recorder  pro  tem,  to  fix  his  term 
of  office,  prescribe  his  duties,  and  provide  for  his  compensation;  said 
Recorder  pro  tem  shall  have  the  same  authority  to  serve  during  the 
absence  or  disability  of  the  Recorder  as  is  now  vested  in  the  Mayor,, 
Mayor  pro  tem.  Aldermen,  and  Councilmen  by  said  Charter,  and  the 
designation  of  a  Recorder  pro  tem  to  serve  in  the  absence  of  the  Recorder 
shall  be  on  the  same  basis  as  Aldermen  and  Councilmen  are  now  designated 
to  preside  in  the  Recorder 's  Court  during  the  absence  or  disability  of  the 
Recorder.  This  amendment  shall  in  no  wise  interfere  with,  or  repeal  the 
authority  heretofore  vested  in  the  Mayor,  Mayor  pro  tem,  Aldermen,  and 
Councilmen,  to  preside  in  the  Recorder's  Court,  but  said  General  Council 
shall,  by  ordinance,  provide  a  method  of  selecting  one  to  preside  in  the 
Recorder 's  Court,  when  necessary,  from  those  qualified  under  the  charter 
and  amendments  thereto  governing  the  said  City. 

109 


SECTION  424.  CLERK  OF  RECORDER'S  COURT  ELIGIBLE  AS 
:REC0RDER  pro  TEM— without  additional  COMPENSATION, 
HOWEVER.— The  Clerk  of  the  Recorder's  Court  shall  be  eligible  to  fill 
the  position  of  Recorder  pro  tern,  but,  when  said  Clerk  is  selected  therefor, 
le  shall  serve  without  additional  compensation. 


CHAPTER    XXII. 
SCHOOLS— BOARD  OF  EDUCATION. 

SECTION  425.  PUBLIC  SCHOOLS— POWER  TO  ESTABLISH— MAIN- 
TAIN—REGULATE.— The  Mayor  and  General  Council  of  said  City  are  here- 
by empowered  to  maintain  a  system  of  public  schools,  as  now  established  by 
law,  in  the  said  City,  which  shall  be  free  to  all  the  children  within  the 
said  City.  And  the  said  Mayor  and  General  Council  shall  by  ordinance,  or 
otherwise,  in  their  discretion,  provide  for  appropriate  agencies  to  regulate, 
improvise,  and  carry  on  said  system  of  schools,  and  render  the  same 
-efficient. 

SECTION  426.  BOARD  OF  EDUCATION— HOW  COMPOSED— EX- 
■OFFICIO  MEMBERS.— The  Board  of  Education  of  the  City  of  Atlanta 
shall  be  composed  of  eight  members,  one  from  each  Ward,  and  the  Mayor 
and  Chairman  of  the  Committee  of  Council  on  Public  Schools  shall  be  ex- 
officio  members,  and  shall  hereafter  be  recognized  as  one  of  the  regular 
Boards  of  the  City  Government  provided  for  by  the  Charter  of  said  City. 

SECTION  427.  EXISTING  BOARD  CONTINUED— SUCCESSION  PRO- 
VIDED FOR. — These  provisions  shall  apply  to  the  existing  Board  of 
Education  (1897),  the  members  of  which  shall  continue  in  office  until 
the  end  of  the  terms,  for  which  they  have  been  elected  respectively,  unless 
vacancies  shall  occur  by  death,  resignation  or  removal  from  office;  and 
any  vacancy  so  occurring  shall  be  filled  by  elections  by  the  Mayor  and 
•General    Council. 

SECTIN  428.  MEMBERS  OF  BOARD— HOW  ELECTED— TERM  OF 
OFFICE. — Vacancies  occurring  by  expiration  of  term  shall  be  filled  by 
•elections  by  the  Mayor  and   General   Council   at   the   regular   meeting  next 

110 


preceding  the  expiration  of  such  term,  and  members  thus  elected  shall 
hold  office  for  a  term  of  five  years,  and  until  their  successors  are  elected 
and    qualified. 

SECTION  429.  BOARD  ELECT  SUPERINTENDENT— TEACHERS 
AND  OFFICERS  OF  PUBLIC  SCHOOLS— GOVERN  SCHOOLS  IN  CON- 
FORMITY WITH  ORDINANCES.— The  Board  of  Education  shall  elect  the 
Superintendent,  teachers,  and  other  officers  of  the  public  schools,  and 
shall  have  supervision  and  government  of  such  schools  in  conformity  with 
existing  ordinances,  and  such  as  may  be  made  by  the  Mayor  and  General 
"Council. 

SECTION  430.  BOARD  CAN  NOT  BIND  CITY  FOR  CONTRACTS  IN 
EXCESS  OF  APPROPRIATION.— The  Board  of  Education  shall  not  have 
power  to  bind  the  City  of  Atlanta  by  contracts  for  the  purchase  of  school 
property,  or  erection  of  school  houses,  or  the  furnishing  thereof,  or  for 
salaries  of  officers  or  teachers,  for  any  sum  in  excess  of  the  annual 
appropriation  made  by  the  Mayor  and  General  Council  for  the  support 
•of   the   public    schools. 


CHAPTER    XXIIL 
€ITY   ATTORNEY— €ITY   ENGINEER— CITY   SEXTON— BUILDING 

INSPECTOR. 

SECTION  431.  CITY  ATTORNEY— CIITY  ENGINEER— CITY  SEX- 
TON—ELECTION OF— WHEN— HOW  OFTEN— HOLD  OFFICE  SUB- 
JECT TO  REMOVAL  FOR  CAUSE.— There  shall  be  elected  by  the  qualified 
voters  of  said  City  on  the  first  Wednesday  of  December,  1894,  and  bi- 
ennially thereafter,  a  City  Attorney.  City  Engineer,  and  City  Sexton,  who 
shall  each  hold  his  office  for  the  time  prescribed  by  the  20th  Section  of 
this  Act  (1874),  unless  removed  for  cause,  to  be  judged  of  by  the  Mayor 
and  General  Council. 

SECTION  432.  SEXTON  SHALL  GIVE  BOND.— The  City  Sexton  shall 
•«nter  into  bond,  with  good  security,  payable  to  said  City  of  Atlanta,  in 
an  amount  to  be  fixed  and  judged  of  by  the  Mayor  and  General  Council 
for  the  faithful  performance  of  the  duties  of  his  office. 

Ill 


SECTION  433.  DUTIES  OF  ABOVE  OFFICERS.— Their  duties  shall 
be   prescribed   by   ordinance. 

SECTION  434.  OATH  OF  OFFICE.— Before  entering  on  the  discharge 
of  their  duties,  they  shall  each  take  an  oath  before  some  officer  authorized 
to  administer  it,  to  faithfully  perform   the  duties  of  their  offices. 

SECTION  435.  COMPENSATION— HOW  FIXED,— They  shall  each, 
receive  a  reasonable  salary,  to  be  fixed  by  the  Mayor  and  General  Council 
the  year  next  preceding  their  election,  which  shall  not  be  increased  or 
diminished   during   their   continuance   in    office. 

(Original  Charter  of  1874  provided  for  three  building  inspectors,  which 
has  since  been  reduced  in  number  to  one.  The  original  provisions  of 
the  Charter  are  retained,  as  throwing  light  upon  the  office  and  duties  of 
the   single   inspector). 

SECTION  436.  BUILDING  INSPECTORS— NUMBER— HOW  ELEC- 
TED—MUST BE  RESIDENTS  OF  CITY.— The  Mayor  and  General  Council 
of  the  said  City  at  the  meeting  when  the  other  officers  are  elected,  or 
at  any  subsequent  meeting  of  said  Mayor  and  General  Council  shall  have 
full  power  and  authority  to  elect  three  freeholders,  residents  of  said  City, 
Building   Inspectors. 

SECTION  437.  TERM  OF  OFFICE.— The  said  Building  Inspectors, 
shall  hold  their  office  for  the  term  of  two  years,  except  those  elected  at 
the  first  meeting  in  January,  1875,  or  at  the  next,  or  any  subsequent 
meeting  thereafter.  The  Inspectors  so  elected  shall  vacate  their  office  at 
the.  first  meeting  of  the  Mayor  and  General  Council,  in  July,  1875,  at 
which  meeting  the  Mayor  and  General  Council  shall  elect  Building 
Inspectors  for  the  term  of  two  years,  after  which  time  all  elections  to 
fill   said   offices  shall  be  held  biennially. 

SECTION  438.  DUTIES.— It  shall  be  their  duty,  in  connection  with  the 
City  Engineer,  to  inspect  all  buildings  and  walls  located  on  the  various  streets^ 
lanes,  and  alleys  of  said  City,  when  they  shall  be  requested  to  do  so  by  the 
Mayor,  and  to  report  the  result  of  such  investigation  to  said  Mayor,  with  a 
recommendation  to  the  best  course  to  be  pursued  in  reference  to  said  build- 
ings or  walls,  for  the  protection  of  the  citizens. 

132 


SECTION  439.  BECOMMENDATIONS  OF  BUILDING  INSPECTORS 
rO  BE  EXECUTED— BY  WHOM— WHEN— HOW.— The  said  Mayor  shall 
iiave  full  power  aud  authority  to  execute,  in  a  summary  manner,  the  recom- 
mendations of  said  Building  Inspectors,  or  a  majority  of  them,  at  the  expense 
of  the  owner  of  said  building  or  wall,  or  the  owner  of  the  lot,  upon  which 
the  same  may  be  located,  in  the  discretion  of  the  said  Mayor,  should  the  said 
owner  after  such  notice  as  may  seem  reasonable  in  the  discretion  of  the 
Mayor,  if  notice  can  be  served  on  him,  fail  or  refuse  to  remove  the  obstructions 
reported  by  said  Building  Inspectors,  or  a  majority  of  them,  such  expense  to 
be  collected  by  execution  to  be  issued  by  the  Clerk  of  Council;  and  the  said 
Mayor  and  General  Council  shall  have  full  power  and  authority  to  pass  all 
ordinances,  that  may  be  necessary  to  carry  this  measure  into  full  effect. 

SECTION  440.  MAY  SUBSTITUTE  ONE  INSPECTOR  FOR  THE 
THREE  —  QUALIFICATIONS  NECESSARY  —  DISCRETIONARY.  —  The  . 
Mayor  and  General  Covmcil  of  said  City  of  Atlanta  may,  in  their  discretion,  - 
substitute  for  the  three  Building  Inspectors  provided  for  by  Sections  93,  94, 
and  95  of  said  Act  of  Incorporation  (1874),  including  amendments  hereto- 
fore made,  a  single  Building  Inspector,  in  which  case  the  Building  Inspector 
shall  be  either  a  professional  architect  and  builder,  or  a  civil  engineer 
acquainted  with  the  science  of  building. 

SECTION    441.     DUTIES    OF    THE    SINGLE    INSPECTOR— POWERS, 
ETC. — In  the  event  of  the  substitution  of  one  Inspector  in  the  place  of  three,-  > 
as  hereinbefore  provided  for,  the  Building  Inspector,  so  to  be  elected,  shall 
have  all  the  powers  and  discharge  all  the  duties  devolving  upon  the  present.  > 
Building  Inspectors  under  the  Charter  of  said  City  and  the  laws  of  the  State,  ., 
and  shall,  in  aduition  thereto  perform  such  other  duties  and  exercise  such  other 
powers  and  privileges  as  may  be  provided  for  by  ordinances  of  said  City. 


CHAPTER  XXIV. 
CLERK  OF  CITY  COUNCIL. 


SECTION  442.     CLERK  OF  COUNCIL— HOW  ELECTED— WHEN— BY 
WHOM. — There  shall  be  elected  by  the  Mayor  and  General  Council  at  the  first 
regular  meeting  of  said  Mayor  and  General  Council  held  in  the  month  of  Octo-  ' 
ber  in  the  year  1900,  and  every  two  years  thereafter,  a  Clerk  of  Council,  who. 

]i;5 


shall  hold  his  office,   as  prescribed  by  the   20th   Section   of  this  Act    (1874), 
unfes^  reinoved  f or  cause,  to  be  judged  of  by  the  Mayor  and  General  Council. 

SECTION  443.  OATH  OF  OFFICE. — He  shall  take  and  subscribe  an 
oath  before  some  officer  authorized  to  administer  it,  to  faithfully  discharge 
the  duties  of  his  oflEice. 

t,, SECTION.  444.  HE  SHALL  GIVE  BOND.— He  shall  give  bond  and  good 
security)  to  be  fixed  and  judged  by  tne  Mayor  and  General  Council,  for  the 
faithifiul  .performance  of  his  duties. 


SECTION  445.     DUTIES. — His  duties  shall  be  prescribed  by  ordinance. 
I,.,...  ..',,..  ■      ■ 

„^EPTI0N  446.  COMPENSATION.— He  shall  receive  such  salary  as  the 
Mayor  arid  General  Council  the  year  next  preceding  his  election  shall  prescribe. 

MSBCTION  447.  HE  SHALL  HAVE  AND  USE  A  COMMON  SEAL- 
FORM,  DEVICE,'  ETC.— FIXED  BY  OKDINANCE.— The  Clerk  of  Council 
of ,ttier,Gity-  of  Atlanta  shall  have  and  use  a  common  seal,  whose  form,  device, 
and-color  shall  be  fixed  by  ordinance  passed  by  the  Mayor  and  General  Council. 

Section   448.    deputy   cleeks— their   authority— legal 

EFFECT  OF  ACTS.— The  Deputy  Clerks  of  Council,  whether  one  or  more 
are  appointed  upon  the  authority  of  the  Mayor  and  General  Council,  shall 
have  all  the  authority  of  the  Clerk  of  the  Council,  and  are  authorized  to  sign 
exefcutions,  licenses,  and  all  other  documents,  to  which  the  signature  of  the 
Clerk-  6f  Council  is  necessary,  using  their  own  names,  but  adding  thereto  the 
words  ' 'Deputy  Clerk  of  Council. ' '  The  signatures  of  the  Deputy  Clerks  of 
Council,  when  so  signed,  shall  be  recognized  and  given  all  the  force  and  effect 
of  the '  signature  of  the  Clerk  of  Council. 


CHAPTER  XXV. 
MISCELLANEOUS  POWERS  AND  PROVISIONS,  EXERCISED  AND  TO 

BE  EXERCISED. 

SECTION  449.     MAY   LEASE   BUILDINGS  FOR   MARKETHOUSES— 
\'  ■'.      •  ■ 
FIFTEEN  YEARS— LIMIT  OF  RENTAL— PRIVILEGE  TO  PURCHASE.— 

The  Mayor  and  General  Council  are  hereby  authorized  to  rent  or  lease  from 

any  parj;y,  who  may  build  a  suitable  markethouse  or  houses  in  the  C'ity  of 

> .  i  ■, "     "    ' 

114 


Atlanta,  for  a  term  not  exceeding  fifteen  years,  at  a  rate  of  rental  not  to^ 
exceed  eight  per  cent,  interest  on  the  investment,  and  are  hereby  authorized 
to  make  such  ordinances  as  are  necessary  and  proper  to  protect  the  City  in  said 
lease;  and  provided,  further,  that  said  City  of  Atlanta  be  authorized  to  pur- 
chase said  market  or  markets  at  any  time  during  fifteen  years  at  original  cost 
of  said  market  property. 

SECTION  450.  CITY  MAY  ESTABLISH  T^YO  OR  MORE  MARKET 
PLACES  ITSELF— PRESCRIBE  ORDINANCES  FOR  GOVERNING  SAME. 
— The  Mayor  and  General  Council  of  the  City  of  Atlanta  shall  have  power  and 
authority  to  establish  two  or  more  market  places  in  said  City  for  the  sale  of 
country  produce,  fresh  meats,  and  other  similar  articles^  and  provide  by  ordi- 
nance for  the  government  of  said  market  places,  and  to  prescribe  the  hours, 
in  which  such  marketable  articles  shall  be  sold  only  at  such  market  places,  or 
at  them  and  at  other  points  within  certain  distances  from  such  market  places, 
as  may  be  deemed  best  by  said  Mayor  and  General  Council. 

SECTION  451.  AUTHORITY  TO  CONSTRUCT  FORSYTH  STREET 
BRIDGE— PROVISION  AS  TO  PAYMENT  FOR  SAME.— The  Mayor  and 
General  Council  of  said  City  are  hereby  authorized  to  provide  for  a  bridge 
over  the  several  railroads  tracks  on  Forsyth  Street  in  said  City,  and  to  pro- 
vide for  paying  the  costs  of  the  construction  of  said  bridge,  partly  from  the 
income  of  said  City  for  the  year  1891,  and  the  balance  out  of  the  income  of 
said  City  for  the  years  1892  and  1893. 

SECTION  452.  AUTHORITY  TO  REGULATE  PUBLIC  STREET 
SPEAKING— PREVENT  STREET  OBSTRUCTION,  OR  DISORDERLY 
CROWDS. — The  Mayor  and  General  Council  of  said  City  of  Atlanta  is  em- 
powered to  provide  by  ordinance  for  the  regulation  of  public  meetings  and 
public  speaking  in  the  streets  of  said  City  of  Atlanta  by  preventing  the  ob- 
struction of  the  streets  of  said  City  or  the  gathering  of  disorderly  crowds 
in  said  streets. 

SECTION  453.  MAY  REGULATE  CHARGES  BY  HACKS  AND  DRAYS 
— HAUlLiNG  OF  BAGGAG^  OR  MERCHANDISE— TRANSPORTATION 
OF  PASSENGERS.— The  Mayor  and  General  Council  of  the  City  of  Atlanta 
are  authorized  to  prescribe  by  ordinance  reasonable  charges  to  be  collected 
by  hacks,  cabs,  drays,  or  other  licensed  vehicles  for  the  transportation  of  per- 
sons, baggage,  merchandise,  or  other  personal  property  within  the  limits  of  the 
City  of  Atlanta. 

115 


SECTION  454.  EXAMINATION  OF  THE  WOEKINGS  OP  ANY  OF 
THE  DEPAETMENTS  OF  THE  CITY  AUTHORIZED— COMMITTEE  CON- 
DUCTING SAME  MAY  COMPEL  ATTENDANCE  OF  WITNESSES— COM- 
PEL PRODUCTION  OF  BOOKS,  ETC.— The  City  Government  of  the  City 
of  Atlanta  shall  be  authorized  and  empowered,  through  a  Committee  of  the 
General  Council  or  of  any  of  the  Boards  operating  under  the  City  Government 
or  Committee  of  the  same,  to  institute,  in  the  discretion  of  the  General  Council, 
whenever  necessary,  any  examination  or  examinations  into  the  working  and 
business  of  any  of  the  offices,  or  conduct  of  its  officers  in  any  department  of 
the  City  's  business,  or  of  the  General  Council  itself,  or  of  any  office  under  the 
City,  and  that  the  Board  or  Committee  conducting  such  examination  shall 
have  power  to  send  for  persons  and  papers,  and  to  compel  attendance  of  per- 
sons summoned;  to  swear  witnesses,  compel  the  production  of  papers  and 
books  and  all  disclosures  pertinent  to  such  investigation. 

SECTION  4.55.  RESTRICTION  OF  TIME  AS  TO  RENEWAL  OF 
STREET  FRANCHISES.— The  Mayor  and  General  Council  of  the  City  of 
Atlanta  shall  have  no  authority  or  power  to  grant,  consent  to,  or  permit  the 
extension,  removal,  or  change  of  the  term,  for  which  franchises  have  been 
or  may  be  granted,  or  in  any  way  to  extend  or  renew  the  time,  for  which 
permission  has  been  or  may  oe  given  to  occupy  the  streets  and  public  places, 
except  and  only  during  the  twelve  months  immediately  preceding  the  expiration 
of  the  term  of  such  franchises  and  permits;  and  all  extensions  and  renewals 
made  in  violation  of  this  Act  shall  be  void. 

SECTION  456.  AUTHORITY  TO  REGULATE  OR  PROHIBIT  EREC- 
TION OR  MAINTENANCE  OF  SANITARIUMS— BOARDING  HOUSES- 
DISCRETIONARY  —  PREVIOUS  ORDINANCES  RATIFIED.— Power  is 
hereby  given  the  Mayor  and  General  Council  to  control,  regulate,  and  in  its 
discretion  prohibit,  the  erection  and  maintenance  of  sanitariums,  boarding 
houses,  and  other  similar  places  in  residence  portions  of  the  City ;  and  any 
ordinances  heretofore  adopted  by  the  said  Mayor  and  General  Council  in  rela- 
tion to  the  above  subject  matters  are  hereby  ratified  and  validated. 

SECTION  457.  MAYOR— ALDERMEN— COUNCILMEN— OTHER  MU- 
NICIPAL OFFICERS— INELIGIBLE  WHEN.— It  shall  be  unlawful  for  any 
person  holding  an  office  or  position  of  trust,  honor,  or  emolument,  or  regular 
employment,  under  appointment  by  the  President  of  the  United  States,  or 
any  Department  of  the  Federal  Government,  or  election  by  the  people  of  the 

116 


TJnited  States,  or  any  of  them,  or  any  District  in  the  United  States,  or 
under  appointment  by  the  Governor  of  Georgia,  or  any  other  officer  or 
officers  of  the  State  or  county  vested  with  appointing  power,  or  election 
by  the  people  of  the  State  or  any  County,  or  other  political  division 
of  said  State  after  the  31st  day  of  December,  1900,  to  occupy  or  hold  the 
position  of  Mayor,  Alderman,  or  Councilman  of  the  City  of  Atlanta,  or  mem- 
l»ership  on  any  executive  Board  of  said  City,  or  any  other  office  or  position  of 
trust,  honor,  or  emolument,  or  regular  employment,  in  or  under  said  City 
government,  whether  said  office  or  position  be  by  election  or  appointment 
or  regular  appointment  during  the  time  he  holds  said  Federal,  State,  or 
County  office  or  position;  and  neither  the  Mayor,  Alderman,  or  Coun- 
cilman, nor  any  other  officer  of  said  City,  who,  by  virtue  of  election  by  the 
people,  or  appointment  by  the  Mayor,  or  election  or  appointment  by  the 
Mayor  and  General  Council,  or  any  Committee  thereof,  or  election  or 
appointment  by  any  of  the  Boards  of  the  City  Government,  holds  such 
office  after  the  passage  of  this  Act,  shall  be  eligible  to  hold  any  other 
office  or  position  of  trust,  honor,  or  emolument,  or  any  other  regular  employ- 
ment in  the  services  of  said  City  Government. 

SECTION  458.  INELIGIBLE  FOR  SERVICE  ON  MORE  THAN  ONE 
BOARD— EXCEPTIONS. — Nor  shall  they  or  any  person  be  eligible  to  service 
on  more  than  one  of  the  Boards,  such  as  police  commissioners,  water  commis- 
sioners, board  of  health,  or  any  other  Board  of  said  City  now  existing,  or  here- 
after created,  at  the  same  time,  excepting  that  service  as  City  Investigator  or 
membership  in  the  Board  of  Trustees  of  the  Grady  Hospital,  or  the  Board  of 
Trustees  of  Carnegie  Library,  or  Board  of  Education,  or  Park  Commission, 
Board  of  Firemasters,  Board  of  Electrical  Control  or  Cemetery  Commission 
shall  not  disqualify  such  officer,  or  trustees,  or  members  of  said  Boards  for 
any  other  City  office,  position,   or  employment. 

SECTION  459.  MEMBERS  OF  GENERAL  COUNCIL  NOT  ELIGIBLE 
AS  MEMBERS  OF  BOARDS— EXCEPT.— Nor  shall  any  member  of  the 
General  Council  be  a  member  of  any  Board  under  said  City  Government  ex- 
cept as  is  now  or  hereafter  provided  by  the  charter  of  said  City,  and  that  the 
acceptance  by  the  Mayor,  any  Councilman,  Alderman,  or  any  other  officer  or 
regular  employee  of  said  City,  after  the  passage  of  this  Act,  of  any  office  or 
position  of  trust,  honor,  or  emolument,  or  regular  employment  under  the 
Pederal,  State  or  County  Government,  excepting  the  Board  of  Trustees  of  the 

117 


Grady  Hospital,  or  Board  of  Carnegie  Library,  or  Board  of  Education,  or  Park 
Commission,  Board  of  Firemasters,  or  Board  of  Electrical  Control,  shall  im- 
mediately create  a  vacancy  in  the  office,  position,  or  employment  he  holds  in 
or  under  said  City  government,  which  vacancy  shall  be  filled  in  the  manner 
provided  by  law;  and  that  the  acceptance  by  the  Mayor  or  any  Alderman, 
Councilman,  or  other  officer  or  regular  employee  of  said  City  Government,  or 
Board,  or  Department  thereof,  of,  any  other  city  office,  position,  or  regular 
employment  shall  likewise  vacate  the  first  office,  position,  or  employment  held 
by  such  officer  or  employee,  except  as  hereinbefore  provided. 

SECTION  460.  BONDS  REQUIEED  OF  CITY'S  LICENSES— DISCRE- 
TIONARY—FOR  WHAT  PURPOSE— FOR  WHAT  TERM.— The  Mayor  and 
General  Council  shall  be  authorized,  iu  their  discretion,  to  require  any  and 
all  persons,  firms,  or  corporations,  licensed  to  do  business,  under  the  present 
charter  provisions,  to  give  a  bond  payable  to  the  City,  and  conditioned  to  pay 
the  City  or  anyone  else,  suing  in  the  name  of  the  City  for  their  use,  for  in- 
juries or  damages  received  on  account  of  the  dishonest,  fraudulent,  immoral, 
or  improper  conduct  of  the  administration  of  the  business  so  licensed.  The 
amount  of  said  bond  shall  not  exceed  five  thousand  ($5,000.00)  dollars,  and 
shall  be  given  for  the  fiscal  year.  At  the  end  of  the  fiscal  year,  a  new  bond 
shall  be  given  for  the  succeeding  fiscal  year  under  the  terms  above  provided. 
Any  person  or  persons  injured  by  the  dishonest,  fraudulent,  immoral,  or  im- 
proper conduct  of  the  administration  of  any  business  licensed  by  the  City, 
and  bonded  as  above  provided,  may  sue  on  said  bond  for  their  own  use,  and 
the  recovery,  if  any,  shall  be  payable  to  said  person  or  persons. 

SECTION  461.  SHALL  MAINTAIN  CARNEGIE  LIBRARY— AI^PRO- 
PRIATION  NOT  TO  EXCEED  FIVE  THOUSAND  DOLLARS  PER  AN- 
NUM.-— It  shall  be  the  duty  of  the  Mayor  and  General  Council  of  the  City  of 
Atlanta,  beginning  with  the  annual  apportionments  and  appropriations  for 
the  year  1900,  to  annually  apportion,  appropriate,  and  expend  from  the  in- 
comes and  revenues  of  said  City  the  sum  of  five  thousand  dollars,  for  the 
support,  maintenance  and  operation  of  the  free  public  library  to  be  known 
as  the  Carnegie  Library. 

SECTION  462.  MAY  CONDEMN  LANDS  FOR  PUBLIC  BUILDINGS— 
PARKS— OTHER  PURPOSES— TAKE  POSSESSION— WHEN— CONDI- 
TIONS,-— The  City  of  Atlanta  is  hereby  authorized  and  empowered  to  condemn 
lands  for  sites  for  the  erection  of  public  buildings  for  said  Citj  for  parks  and 

118 


other  public  purposes,  in  the  manner  already  provided  by  law  for  the  eoijdei;nqLa- 
tion  of  land  in  said  City,  for  opening,  widening,  or  changing  streets  and  alleys. 
Said  City  is  hereby  authorized  and  empowered,  in  any  and  all  cases  w;hen 
land  has  been  assessed  or  condemned  for  street,  park,  public  buildings, 
sewer,  or  other  public  purposes  of  said  City,  on  the  coming  in  of  the  award 
of  the  assessors,  on  paying  said  award;  or  in  the  case  of  appeal  from  the 
award  by  either  party  on  providing  and  securing  the  payment  of  said  award 
or  eventual  condemnation  money  in  the  manner  hereinafter  provided  in  any 
case  or  cases  in  which  appeal  is  taken  by  either  party  from  such  award,  to 
enter  upon  and  take  possession  of  said  land  for  the  purpose  or  use  for; which 
the  same  has  been  condemned,  and  such  entry  or  possession  may  be  had,  by 
said  City  immediately  after  paying  or  securing  payment  of  any  such  award, 
or  the  eventual  condemnation  money,  and  before  the  trial  on  the  appeal 
case. 

!     , 

SECTION  463.  BOND  TO  BE  GIVEN  TO  TAKE  IMMEDIATE.  POS- 
SESSION—HOW—FOR WHAT  PURPOSE.— In  the  case  of  any  such  award 
made  and  appealed  therefrom  by  either  party,  should  said  City  desire  immedi- 
ately to  enter  upon  and  take  possession  of  any  land  assessed  or  condemned  for 
any  purpose  aforesaid,  it  may  execute  a  bond  with  good  security,  subject  to 
the  approval  of  the  Judge  of  the  Superior  Court  of  Fulton  County,  Georgia,, 
or  in  his  absence  from  the  State,  of  the  Ordinary  of  said  County,  for  the  pay- 
ment of  the  eventual  condemnation  money,  which  may  be  found  on  the  trial 
of  said  case.  Said  bond,  when  approved  by  the  Judge  or  Ordinary,  as  above 
provided,  shall  be  filed  in  the  office  of  the  Clerk  of  the  Superior  Court,  and  on 
the  trial  of  the  assessment  or  award  appealed  from,  in  the  event  of  a  recovery 
therein  by  the  appellant  against  said  City,  such  appellant  shall  have  authority 
to  enter  up  judgment  on  said  bond  for  the  amount  of  suchrecovery,  as  judg 
ment  may  now  be  entered  in  appeal  cases  under  the  laws  of  this  State.   ■  ■  '  '  ■ 

SECTION  464.  NO  ONE  CAN  BRING  SUIT  AGAINST  THE  CITY 
BEFORE  CLAIM  IS  PRESENTED,  AND  OPPORTUNITl  GIVEN  TO  SET- 
TLE—THREE MONTHS  TIME  LIMIT— SUCH  PRESENTATION  NO: BAR 
TO  PLAINTIFF  'S  RIGHT  TO  SUE.— No  person,  firm,  or  corporation.!  hiaving 
a  claim  or  money  damages  against  the  City  of,  /flanta  on  a.ctout.t,  .of  i  in- 
juries to  person  or  property,  shall  bring  any  suit  at  law  or  in  equity  agaiiist 
the  said  City  of  Atlanta  on  such  account  without  fii.«t  presenting  such  claim 
to  the  Maj'or  and  General  Council  of  the  City  of   /*  tlanta  for  adjustment,. 

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and  no  such  suit  shall  be  entertained  by  the  Courts  against  the  City  of 
Atlanta  unless  the  cause  of  action  therein  has  been  first  presented  to  the 
Mayor  and  General  Council  for  adjustment;  Provided,  that  upon  the  presen- 
tation of  such  claim  in  any  case  to  the  Mayor  and  General  Council,  said 
Mayor  and  General  Council  shall  consider  and  act  upon  the  same,  favorably 
or  unfavorably,  to  the  petitioners  within  three  months  from  the  presentation 
thereof;  Provided,  further,  that  the  action  of  the  Mayor  and  General  Coun- 
cil upon  such  claims,  unless  it  results  in  the  settlement  thereof,  shall  in  no 
sense  be  a  bar  to  the  plaintiff's  rights  in  such  cases  in  the   Courts. 

SECTION  465.  PRECEDENCE  GIVEN  CITY  CASES— SUBJECT  TO 
BIGHT  OF  ADVANCEMENT  OF  STATE  AND  COUNTY  CASES.— The 
Superior  Court  of  Fulton  County,  Georgia,  is  hereby  authorized  and  required 
to  give  precedence  to  and  advance  to  trial  any  cases  now  pending  or  whicn 
may  hereafter  be  brought  in  said  Court,  to  which  the  City  of  Atlanta  is  a 
party  or  materially  interested  in,  in  which  the  collection  of  revenue  or  money 
due  said  City  is  involved,  or  in  which  there  is  an  appeal  from  the  award  or 
finding  of  the  assessors  for  damages  sustained  or  for  lands  taken  for  parka, 
street,  sewer,  or  other  public  purposes  of  said  City  authorized  by  law.  When 
any  case  of  the  character  aforesaid  is  ripe  for  trial,  the  same  shall  be  subject 
to  advancement  and  to  precedence  on  the  attention  of  the  Court  being  called 
to  the  same,  subject  only  to  the  right  of  advancement  of  cases,  to  which  the 
State  of  Georgia  or  the  County  of  Fulton  is  a  party. 

SECTION  466.  PERSONAL  PROPERTY  LEVIED  UPON— WHERE 
SOLD — HOW — PROVISO. — Whenever  any  personal  property  has  been  levied 
on  in  the  City  of  Atlanta,  if  of  character  to  render  its  removal  to  the  City  Hall 
of  more  than  ordinary  expense  or  inconvenience,  the  same  may  be  sold  at  any 
place  within  the  corporate  limits  of  said  City,  at  public  outcry,  within  the 
hours  now  provided  by  law,  and  after  having  given  the  notice  required  by  law: 
Provided,  the  owner  thereof  gives  his  consent. 

SECTION  467.  CONVICTS— AUTHORITY  TO  FARM  OUT— IN  WHAT 
MANNER. — The  Mayor  and  General  Council  are  hereby  authorized  to  farm  out 
all  persons  sentenced  to  imprisonment  for  violating  the  ordinances  of  said 
City,  in  the  same  manner  and  upon  the  same  terms  as  the  Ordinaries  of  this 
State  are  authorized  to  farm  out  convicts. 

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SECTION  468.  COUNTY  CONVICTS  WORK  ON  CITY  STREETS 
WHEN— HOW— UNDER  WHOSE  SUPERVISION.— The  Commissioners  of 
Roads  and  Revenues  of  said  County  are  hereby  invested  with  the  exclusive 
control  of  said  convicts  (State  misdemeanor  convicts),  and  with  the  sole 
power  to  direct  the  work  of  the  said  convicts  without  reference  to  proportion 
of  population  between  the  City  of  Atlanta  and  the  County  outside  of  said 
City;  Provided,  that,  whenever  the  said  Commissioners  of  Roads  and 
Revenues  shall  see  fit  to  direct  that  said  convicts  shall  work  on  the  streets 
of  the  City  of  Atlanta,  the  grade,  style,  and  character  of  the  work  shall  be 
determined  by  the  City  authorities,  but  the  particular  locality  jr  streets, 
upon  which  the  work  is  to  be  done,  shall  be  decided  by  a  majority  vote 
between  the  members  composing  the  Boards  of  Commissioners  of  Roads  and 
Revenues  and  Commissioners  of  Streets  and  Sewers  of  said  City,  or  in  the 
event  of  the  abolishment  of  said  Board  of  Commissioners  of  Streets  and 
Sewers,  the  Street  Committee  of  the  City  Council  of  said  City. 

IMPEACHMENTS. 

SECTION  469.  GENERAL  COUNCIL  SHALL  TRY  IMPEACHMENTS 
—WHO  PRESIDES  WHEN  MAYOR  IS  TRIED— HOW  CONVICTED— 
PENALTY. — The  General  Council  of  said  City  shall  have  the  sole  right  to  try 
all  impeachments.  When  sitting  for  that  purpose,  they  shall  be  under  oath 
or  affirmation.  When  the  Mayor  is  tried  the  Judge  of  the  City  Court  shall 
preside,  and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present.  Judgment,  in  case  of  impeachment,  shall  not 
extend  further  than  removal  from  office,  and  disqualification  to  hold  any 
«  office  of  honor,  trust,  or  profit,  under  this  Charter;  but  the  party  convicted 
shall,  nevertheless,  be  liable  and  subject  to  indictment,  trial,  and  punishment, 
according  to  law. 

SECTION  470.  OFFICERS  MAY  JUSTIFY,  IF  SUED  FOR  ANY  OF- 
FICIAL ACT. — Any  of  the  officers  of  said  corporation,  who  may  be  sued 
for  any  act  done  in  his  or  their  official  character,  may  justify  under  this 
charter. 

GENERAL  COUNCIL. 

SECTION  471.  MAY  COMPEL  ATTENDANCE  OF  WITNESSES- 
MAY  TAKE  BONDS  FOR  APPEARANCE.— The  Mayor  and  General  Council 
of  said  City  shall  have  full  power  and  authority  to  compel  the  attendance  of 

121 


^  parties  and  witnesses  at  the  Mayor's  Courts,  and  the  meetings  of  said  Council 
or  General  Council;  and  for  this  purpose  said  Mayor  and  General  Council  shall 
have  full  power  and  authority  to  take  and  receive  of  parties  and  witnesses 
such  bonds  as  they  shall  deem  necessary  to  secure  the  attendance  of  parties 
and  witnesses,  and  to  pass  all  ordinances  necessary  to  carry  this  provision  into 
effect,  and  to  forfeit  and  collect  said  bonds  in  the  same  manner  as  such  bonds 
are  now  forfeited  in  the  Superior  Courts  of  this  State. 

SECTION  472.  MAY  ESTABLISH  FEE  BILL  FOR  CITY  OFFICERS. 
— The  Mayor  and  General  Council  snail  have  power  and  authority  to  establish 
a  fee  bill  for  the  officers  of  said  City,  not  higher  than  the  fees  allowed  to 
county  officers,  or  lower  than  those  allowed  to  Justices  of  the  Peace  and 
Constables   of   the   State. 

SECTION  s  473.  SALARIES  OF  ALL  CITY  OFFICERS  FIXED  THE 
YEAR  PRECEDINNG  ELECTION  OR  APPOINTMENT.— Hereafter  the 
salaries,  compensation,  or  emoluments  of  all  the  officers  of  said  City,  whether 
charter  officers  or  otherwise,  shall  be  fixed  by  the  Mayoi*  and  General  Council 
in  office  the  year  preceding  the  ^election  or  appointment  of  said  officers,  and 
such  salary,  compensation,  or  emoluments  shall  not  be  changed  for  or  during 
the  term,  for  which  any  such  officer  was  elected  or  appointed. 

SECTION  474.  MEMBERS  OF  ADMINISTRATIVE  BOARDS  SERVE 
WITHOUT  SALARIES.— From  and  after  the  first  day  of  January,  1899,  the 
members  of  the  several  Administrative  Boards  of  the  City  of  Atlanta,  such 
as  the  Board  of  Police  Commissioners,  the  Board  of  Water  Commissioners,  the 
Board  of  ITealth,  the  Board  of  Firemasters,  the  Board  of  Education,  the 
Grant  Park  Commission,  the  Trustees  of  the  Grady  Hospital,  and  all  similar 
administrative  boards  of  the  City  government,  shall  serve  without  salaries, 
whether  such  members  of  any  of  said  Boards  were  elected  before  or  after 
the  passage  of  this  Act. 

'  SECTION  475.  MAY  EXTEND  FIRE  LIMITS— AUTHORITY  TO  RE- 
MOVE STRUCTURES  OTHER  THAN  FIRE-PROOF  BUILDINGS  WITHIN 
SAME. — The  said  Mayor  and  General  Council  shall  have  power  and  authority 
to  continue  the  fire  limits  as  now  established  by  law,  and  from  time  to  time, 
in  their  discretion,  to  extend  and  enlarge  the  same,  within  which  fire-limits 
so  estatslished,  and  to  be  established  it  shall  not  be  lawful  for  anyone  to  erect 
other  than  fire-proof  buildings,  or  structures  of  any  kind  other  than  lire-proof; 

122 


and  should  anyone  erect,  or  cause  to  be  erected,  within  such  fire-limits  so  es- 
tablished, any  such  buildijigs  or  other  structures,  said  Mayor  and  General 
Council,  after  giving  five  days'  notice,  shall  cause  the  same  to  be  removed 
at  the  expense  of  the  owners  of  such  buildings  or  other  structures,  i\vi  said 
expenses  to  be  collected  by  executions  issued  by  the  Clerk  of  Council;  and 
the  said  Mayor  and  General  Council  shall  have  power  to  determine  wnat 
buildings  or  other  structures  are,  or  are  not,  fire-proof. 

ELECTIONS  BY  PEOPLE. 

SECTION  476.  ELECTION  OF  CERTAIN  OFFICERS  PROVIDED  FOR 
BY  THE  PEOPLE. — The  City  Attorney,  City  Engineer,  Commissioner  of 
Public  Works,  Tax  Collector,  and  Treasurer  of  the  City  of  Atlanta,  shall 
hereafter  be  elected  by  the  qualified  voters  of  said  City,  provided  this  Act 
by  existing  law  to  abolish  the  office  of  Marshal,  or  to  consolidate  the  offices 
of  Marshal  and  Tax  Collector,  in  their  discretion,  nor  with  the  power  given 
by  existing  law  to  consolidate  any  of  the  other  offices  provided  for  by  the 
charter  of  said  City  with  the  office  of  Comptroller. 

SECTION  477.  SEXTON— LEFT  WITH  DISCRETION  OF  COUNCIL- 
CEMETERIES,  PROVISIONS.— The  office  of  Sexton  shall  be  left  hereafter 
to  the  discretion  of  the  Mayor  and  General  Council.  Furthermore,  all  ceme- 
teries owned  or  controlled  by  the  Mayor  and  General  Council  shall  be  under 
the  direction  and  supervision  of  said  Mayor  and  General  Council,  and  they 
shall  provide  the  persons  to  operate  the  same,  and  the  method  of  management, 
either  with  or  without  a  Sexton,  as  they  may  deem  best. 

SECTION  478.  DATE  OF  ELECTIONS— TERM  OF  OFFICE.— The  first 
election  of  said  officers  under  this  Act  shall  occur  on  the  first  Wednesday  in 
December,  1894,  at  the  time  of  the  election  of  the  ^layor,  Aldermen,  and 
Councilmen,  and  shall  be  for  a  term  beginning  on  the  first  Monday  in  July, 
1895,  and  ending  on  the  first  Monday  in  .January,  1897,  and  all  subsequent 
elections  of  such  officers  shall  be  held  with  the  election  for  Mayor,  Aldermen 
and  Councilmen.  or  for  Aldermen  and  Councilmen,  occurring  next  before  the 
end  of  the  term  of  office  of  any  of  said  officers,  and  shall  be  for  a  term  of 
two  years  beginning  on  the  first  Monday  in  the  January  following  such  elec- 
tion; Provided,  the  Mayor  and  General  Council  of  said  City  may  elect  a  Com- 
missioner of  Public  Works  at  the  first  meeting  in  January,  1894,  who  shall 
hold  office  until  the  first  meeting  in  January,  1895,  unless  sooner  removed  for 

123 


•cause;  and  the  Commissioner  of  Public  Works,  to  be  elected  by  the  people 
under  authority  of  this  Act,  shall  hold  office  for  a  term  of  two  years  begin- 
ning on  the  first  Monday  in  January,  1895,  unless  removed  for  cause  as 
aforesaid. 

SECTION  479.  VACANCIES  IN  CITY  OFFICES— HOW  FILLED.— 
Vacancies  in  any  of  said  offices,  whether  occurring  by  removal  or  otherwise 
shall  be  filled  by  elections  by  the  Mayor  and  General  Council. 

SECTION  480.  OFFICERS  SUBJECT  TO  REMOVAL  FOR  CAUSE- 
BY  WHOM. — The  officers  of  the  City,  whether  elected  by  the  people  or  other- 
wise, shall  be  subject  to  removal  from  office  by  the  Mayor  and  General  Council 
for  cause,  according  to  the  provisions  of  the  Charter  now  in  force. 

SECTION  481.  MAYOR  AND  COUNCIL  CLOTHED  WITH  SAME 
POWERS  AS  MAYORS  AND  GENERAL  COUNCIL— SUBJECT  TO  SAME 
LIMITATIONS.— The  Mayor  and  Councilmen,  in  office  in  said  City,  are 
clothed  with  all  the  powers,  rights  and  privileges,  during  their  continuance  in 
office,  that  by  the  terms  of  this  Act  are  conferred  on  the  Mayor  and  General 
Council  as  provided  herein.  The  said  Mayor  and  Council  shall,  in  like  manner, 
be  subject  to  the  same  limitations  and  restrictions.  They  shall  have  full  power 
and  authority  to  pass  all  needful  ordinances,  resolutions  and  by-laws,  for  the 
successful  carrying  into  effect  of  this  Act. 


124 


An  Act  to  amend  an  Act  establishing  a  new  charter  for  the  city  of  Atlanta^ 
approved  February  28,  1874,  and  the  several  Acts  amendatory  thereof,  and 
for  other  purposes. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Georgia  that  the 
Act  establishing  a  new  charter  for  the  City  of  Atlanta,  approved  February 
28,  1874,  and  the  several  Acts  amendatory  thereof,  be  and  the  same  are  hereby 
amended  as  follows: 

SECTION  1.  That  all  exceptions  and  provisions  of  said  charter  prohibiting 
the  holding  of  dual  offices  and  published  in  Section  61-A  in  the  City  Code  of 
1899  whereby  trustees  of  the  Grady  Hospital,  trustees  of  the  Carnegie  Library, 
members  of  Police  Board,  Park  Commissioners,  City  Investigator,  Board  of 
Fire  Masters  and  any  and  all  other  officers  whose  positions  are  excepted  from 
said  law  be,  and  the  same  are,  hereby  repealed  and  from  and  after  the  passage 
of  this  Act  there  shall  be  no  exceptions  to  said  charter  section  except  same 
shall  not  attach  to  Mayor,  Aldermen  and  Councilmen  where  serving  on  Board 
Commissions  and  like  positions  ex-officio  and  as  part  of  their  official  duties. 

SECTION  2.  Councilmen  or  members  of  the  Board  of  Council  of  the  City 
of  Atlanta  are  hereby  declared  to  be  eligible  to  succeed  themselves  for  one 
term ;  in  such  event,  such  Councilmen  shall  be  ineligible  to  succeed  such  service 
by  serving  in  the  position  of  Aldermen.  Councilmen  may  now  succeed  them- 
selves by  election  to  the  position  of  alderman,  and  aldermen  are  likewise  eligi- 
ble to  succeed  themselves  by  election  to  the  position  of  councilmen,  but  the 
added  service  provided  by  this  amendment  shall  not  secure  to  any  one  alder- 
man or  councilman  a  longer  term  of  continual  service  than  five  years. 

SECTION  3.  The  Mayor  and  General  Council  of  the  City  of  Atlanta  are 
hereby  authorized  and  empowered,  in  their  discretion,  to  pave  or  repave  any 
of  the  streets  or  public  places  of  the  City  with  broken  stone  and  chert,  and 
chert  and  macadam,  or  similar  pavement,  where  assessment  upon  abutting 
property  owners  will  not  exceed  the  sum  of  forty  cents  per  front  foot,  without 
petition  therefor  by  such  abutting  property  owners,  the  laying  of  this  charac- 
ter of  street  pavement  being  left  entirely  to  the  discretion  of  the  Mayor  and 
General  Council,  provided  that  any  resolution  seeking  to  pave  a  street  or  public 

125 


place  with  the  pavement  above  described  shall  not  be  passed  when  first  intro- 
duced but  shall  thereupon  be  referred  to  the  Committee  on  Streets,  and  the 
Clerk  of  Council  shall  advertise  same  one  time,  in  one  of  the  daily  newspapers 
of  the  City,  at  least  ten  days  before  the  final  passage  of  such  resolution,  such 
advertisement  giving  notice  of  the  introduction  of  such  resolution,  the  street, 
public  place  or  portion  thereof,  proposed  to  be  paved,  the  probable  cost  per 
front  foot,  and  the  property  owners  or  others  interested  shall  therein  be  in- 
vited to  appear  at  the  regular  meeting  of  Council  to  be  held  following  such 
advertisement  and  make  such  objections  as  they  may  desire  to  urge.  Any 
property  owner  or  other  person  interested  desiring  to  make  objections  shall 
rise  in  the  Council  Chamber,  state  his  name  and  residence,  and  the  cause  of  his 
presence  and  shall  thereupon  be  recognized  and  be  permitted  to  state,  within 
the  rules  of  the  General  Council,  his  objections  to  the  proposed  pavement.  If 
no  objections  are  made,  then  the  General  Council  shall  have  the  right,  in  their 
discretion,  to  pass  such  resolution;  if  objections  are  made  the  General  Council 
shall  have  the  right,  in  their  discretion,  to  adjudge  same  sufficient  or  insuffi- 
cient and,  if  they  find  samie  insufficient,  they  are  hereby  empowered  and 
authorized  to  order  such  pavement  laid.  When  laid  thereon  the  cost  thereof 
shall  become  a  lien  on  the  property  of  abutting  property  owners  to  the  extent 
of  the  costs  thereof  according  to  the  front  feet  of  said  property  owners,  the 
total  cost  of  such  pavement  being  laid  on  abutting  property  owners,  one-half 
on  one  side  and  one-half  on  the  other  side,  provided  that  the  maximum  cost 
thereof  shall  not  exceed  the  sum  of  thirty  cents  per  front  foot.  Any  Street 
Railway  Company  having  tracks  running  through  any  street,  public  place  or 
portion  thereof  paved  under  the  provisions  of  this  Section  shall  be  required 
to  pay  the  whole  cost  of  paving  or  re-paving  or  otherwise  improving  under  the 
provisions  of  this  amendment,  eleven  feet  in  width  of  any  street,  public 
place,  or  portion  of  street  upon  which  it  has  tracks  and,  in  case  a  Street  Rail- 
way Company  shall  construct  a  track  on  any  street,  public  place  or  portion  of 
street  already  paved,  it  shall  likewise  pay  for  the  paving  of  eleven  feet  in 
width  of  the  street,  public  place  or  portion  of  street  occupied  by  its  tracks 
according  to  the  value  of  the  pavement  at  the  time,  to  be  adjudged  alone  by 
the  Mayor  and  General  Council.  Each  payment  shall  be  distributed  between 
the  property  owners  in  proportion  to  amounts  originally  paid  by  the  owners 
of  the  property  at  the  time  such  payment  was  made.  In  all  cases,  where  streets, 
public  places,  or  portions  of  streets  are  paved  on  which  Street  Railway  Com- 
panies have  tracks   and  the  foregoing  provisions   with   reference   to   the '  pay- 

126 


ment  of  the  cost  of  paving  or  improving  said  street,  public  place,  or  portion  of 
street,  are  applied  and  costs  thereof  assessed  against  the  street  railway  com- 
pany then,  and  in  that  event,  the  total  cost  of  the  pavement  of  such  street, 
public  place  or  portion  thereof,  shall  not  be  assessed  against  abutting  prop- 
erty owners  but  said  property  owners  shall  only  be  assessed  for  the  cost  of  such 
pavement  after  deducting  the  costs  of  paving  or  improving  assessed  against 
the  Street  Railway  Company,  as  heretofore  provided  for;  that  is  to  say,  when 
such  pavement  is  laid  the  street  railway  company  shall  be  assessed  for  eleven 
feet  thereon,  and  costs  for  paving  the  remainder  of  the  street  shall  be 
divided  equally,  one-half  on  one  side  and  one-half  on  the  other  side  accord- 
ing to  frontage  owned  by  each  abutting  property  owners. 

SECTION   4.     That   the   provisions   of   the   present   charter  providing   for 
the  position  of  Commissioner  of  Public  Works  and  City  Engineer,  found  in 
Section  163  of  the  Charter  of  the  City  as  published  in  the  City  Code  of  1899, 
and  aU  provisions  in  the  other  Sections  of  the  City  Charter  referring  to  office 
of  Commissioner  of  Public  Works,  to-wit:  164,  165,  166,  167  and  168,  of  said 
Code,   and  the  City  Engineer,  to-wit:    No.   208   of  said  Code,   and  any  other 
Sections  not  being  enumerated,  be  amended  by  striking  the  names  of  "Com- 
missioner of  Public  Works"  and  "City  Engineer"  therefrom  and  inserting 
in  lieu  thereof  the  name  of  ' '  Chief  of  Construction. ' '     The  position  of  ' '  Chief 
of  Construction"  is  hereby  created,  and  this  office  shall  have  all  the  power  and 
authority  heretofore  given  the  offices  of  City  Engineer  and  Commissioner  of 
Public  Works,  and  all  such  work  as  paving,  sewers,  curbing,  sidewalks,  repair- 
ing of  same,   engineering  work,   grades,   and   any   and   all   work  of   authority 
now  vested  in  either  Commissioner  of  Public  Works  of  Department  of  Engi- 
neering shall  hereafter  be  vested  and  exercised  by  the  Chief  of  Construction. 
No  one  shall  be  eligible  therefor  unless  he  be  a  competent  civil  engineer  of 
ten  years '  practical  experience,  and  the  Mayor  and  General  Council  are  here- 
by authorized  to  fix  the  salary  of  said  office  for  a  sum  not  exceeding  five 
thousand  dollars  per  annum. 

Said  Chief  of  Construction  shall  have  authority  to  appoint  his  assistants, 
but  the  Mayor  and  General  Council  shall  have  authority  to  decide  how  many 
assistants  he  shaU  have  and  the  salaries  of  such  assistants,  but  at  least  the 
following  assistants  are  hereby  created  for  said  Chief  of  Construction,  to-wit: 
one  in  charge  of  sewers,  one  in  charge  of  streets,  one  in  charge  of  sidewalks, 
«ne  in  charge  of  repairs,  one  in  charge  of  stockade. 

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SECTION  5.  The  Mayor  and  General  Council  shall,  by  appropriate 
amendments  to  existing  ordinances  provide  for  the  consolidation  of  all  the 
duties  now  divided,  by  ordinances,  to  the  two  departments,  of  Commissioner 
of  Public  Works  and  City  Engineer,  and  same  are  consolidated  into  one 
department,  thereby  creating  "Chief  of  Construction"  Department,  and  the 
offices  of  Commissioner  of  Public  Works  and  City  Engineer  of  the  City  of 
Atlanta  are  hereby  abolished. 

SECTION  6.  That  Sections  3,  4,  5  and  6  of  the  amendment  to  the  charter 
of  the  City  of  Atlanta,  approved  August  17,  1908,  published  in  the  Georgia 
laws  of  1908  on  pages  397,  398  and  399,  providing  for  the  issuance  of  sewer 
bonds,  water  bonds,  school  bonds,  naming  the  amount  of  each,  their  term, 
interest,  etc.,  and  a  bond  commission  to  handle  the  proceeds  thereof  be,  and 
the  same  are,  hereby  repealed.  Said  city  shall  hereafter  issue  and  sell  bonds 
under  the  provisions  of  the  General  laws  of  "the  State,  and  where  an  issue  of 
bonds  is  desired  and  the  purposes  thereof  are  legal  and  the  amount  proposed  is 
not  in  excess  of  the  Constitutional  limits,  the  Mayor  and  General  Council  shaU 
call  an  election  therefor  by  ordinance,  observing  as  to  notice,  time,  place,  and 
manner  of  election,  voting  and  declaring  of  result  and  all  other  formalities 
as  provided  by  law. 

SECTION  7.  The  Mayor  of  the  City  of  Atlanta  is  hereby  made  eligible  to 
succeed  himself  in  the  office  of  Mayor  for  one  term  only,  and  shall  be  ineligible 
to  succeed  himself  after  serving  two  years,  and  the  following  language,  "that 
he  shall  be  ineligible  for  the  succeeding  term ' '  found  in  Section  20  of  the 
charter  of  the  City  of  Atlanta,  published  in  the  City  Code  of  1899,  and  all 
other  provisions  in  said  charter  in  conflict  with  this  amendment  be,  and  the 
same  are,  hereby  repealed. 

SECTION  8.  The  Mayor  and  General  Council  of  the  City  of  Atlanta  are 
hereby  authorized  and  empowered  in  their  discretion,  to  increase  the  salaries 
of  the  City  Tax  Asseros  and  Eeceivers,  beginning  with  July  1,  1909,  from 
$2,400.00  to  $3,000.00  per  annum,  payable  monthly.  This  authority  is  espe- 
cially given  because  of  general  prohibition  in  the  present  charter  of  the  City 
against  increasing  any  salary  of  any  officers  during  his  term  of  office  and  pro- 
viding that  all  salaries  must  be  fixed  during  the  year  preceding  the  election 
of, such  officer,  and  the  General  Council  desire  to  increase  the  salaries  of  the 
above  officers  and  some  of  them  must  be  elected  during  the  present  year  and 
therefore  this  amendment  is  authorized. 

128 


(SECTION  9.     That  all  laws  and  parts  of  laws  in  conflict  with  this  law  be, 
and  the  same  are,  hereby  repealed. 

Adopted  by  General  Council  July  5,  1909. 

Approved  July  9,  1909. 

•ROBERT  F.  MADDOX,  Mayor. 


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